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Full text of "North Carolina Register v.2 no. 5 (8/14/1987)"

The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE. 



JM ILEOIIBUS^^V/! 



3ALUS. 



GENERAL STATUTES 

EXECUTIVE ORDERS 

FINAL DECISION LETTERS 

STATEMENTS OF ORGANIZATION 

PROPOSED RULES 
Administration 
Commerce 

Crime Control & Public Safety 
Human Resources 
Independent Agencies 
Justice 

Licensing Boards 
NR & CD 
Public Education 
State Treasurer 

LIST OF RULES AFFECTED 



•'*^i 



AUG 18 1987 



ISSUE DATE: AUGUST 14, 1987 
Volume 2 • Issue 5 • Pages 286-364 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published monthly and 
conlains inrormation relating to agency, executive, legi.slative and 
judicial actions required by or affecting Chapter 1 508 of the 
General Statutes. All proposed administrative rules and amend- 
ments filed under Chapter 1 508 must be published in the Register. 
The Register will typically comprise approximately one hundred 
pages per issue of legal text. 

Slate law requires that a copy of each issue be provided free 
of charge to each county in the state and lo various state officials 
and institutions. The North Carolina Register is available by 
yearly subscription at a cost of ninety-five dollars (S95.00) for 
12 issues. 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings. P. O. 
Drawer 11666, Raleigh. N. C. 27604. Attn: Subscriptions. 



ADOPTION. AMENDMENT, AND REPEAL OF RULES 

An agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include a reference to the Statutory 
Authority for the action; the time and place of the public hearing 
and a statement of how public comments may be submitted to 
the agency either at the hearing or otherwise; the text of the 
proposed rule or amendment; and the proposed effective date. 

The Director of the Office of Administrative Hearings has 
authority to publish a summary, rather than the full text, of any 
amendment which is considered to be too lengthy In such case, 
the full text of the rule containing the proposed amendment will 
be available for public inspection at the Rules Division of the 
Office of Administrative Hearings and at the office of the 
promulgating agency 

Following publication of the proposal in the North Carolina 
Register, at least 60 days must elapse before the agency may take 
action on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency must file 
any adopted or amended rule with the Office of Administrative 
Hearings. If it differs substantially from the proposed form 
published as part of the public notice, the adopted version will 
again be published in the North Carolina Register. 

A rule, or amended rule, cannot become effective earlier than 
the first day of the second calendar month after the adoption is 
filed. 

Proposed action on rules may be withdrawn by the pro- 
mulgating agency at any time before final action is taken by the 
agency. 



TEMPORARY RULES 

Under certain conditions of an emergency nature, some 
agencies may issue temporary rules. A temporary rule becomes 
effective when adopted and remains in effect for the period 
specified in the rule or 120 days, whichever is less. An agency 
adopting a temporary rule must begin normal rule-making 
procedures on the permanent rule at the same time the temporary 
rule is adopted. 



NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages 
of material of which approximately 35% is changed annually 
Compilation and publication of the NCAC is mandated by G S 
1508-63(b). 

The Code is divided into Titles and Chapters Each state agency 
is assigned a separate title which is funher broken down by 
chapters. Title 2 1 is dcsigna;id lor (xcupational licensing boards 

The NCAC is available in two formats. 

( 1 ) In looseleaf pages at a minimum cost of two dollars and 
50 cents ($2 50) for 10 pages or less, plus fifteen cents 
($0 15) per each additional page 

(2) On microfiche The microfiche edition is revised semi 
annually (March and October) and can be purchased for 
fony dollars ($40 00) per edition. Due to the volume 
of the Code, the complete copy can only be purchased on 
microfiche. The NCAC on microfiche is updatec 
monthly by publication of a "List of Rules Affected' 
which jets out rules filed the previous month, the actior 
taken, and the effective date of the change. This list i< 
published in the North Carolina Register 

Requests for looseleaf pages of rules or the NCAC orl 
microfiche should be directed to the Office of Administrative 
Hearings. 



NOTE 

The foregoing is a generalized statement of the procedures t( 
be followed For specific statutory language, it is suggested tha 
Articles 2 and 5 of Chapter 1508 of the General Statutes bj 
examined carefully. 



CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, pag 
number and date 1:1 NCR 101-201. April 1, 1986 refers l 
Volume 1 , Issue 1 , pages 101 through 201 of the North CaroUn 
Register issued on April 1. 1986. 



North Carolina Register Published monthly by the 
Office of Administrative Hearings. P. O. Drawer 1 1666, 
Raleigh, Nonh Carolina 27604, pursuant to Chapter 150B 
of the General Statutes. Subscriptions ninety-five dollars 
($95.00) per year. 

North Carolina Administrative Code. Published in 
March and October by the Office of Administrative 
Hearings, P. O. Drawer 1 1666, Raleigh, North Carolina 
27604, pursuant to Chapter 1508 of the General Statutes. 
Subscriptions fony dollars ($40.00) per edition. 



i 



M 



NORTH 
CAROLINA 
REGISTER 




I 



Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, NC 27604 

(919) 733 - 2678 



Staff: 

Robert A. Melott, 

Director 
James R. Scarcella, 

Deputy Director 
Molly Mason, 

Assistant Director 
Ruby Creech, 

Publications Coordinator 
Teresa Johnson, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 
Tammy Poole, 

Records Clerk 



ISSUE CONTENTS 



I. GENERAL STATUTES 

Chapter I43B 286 

II. EXECUTIVE ORDERS 

Executive Orders 51-53 288 

III. FINAL DECISION LETTERS 

Voting Rights Act 291 

IV. STATEiMENTS OF 

ORGANIZATION 295 



V. PROPOSED RULES 

Administration 

State Employees 

Combined Campaign 334 

Commerce 

Credit Union Division 334 

Crime Control and 

Public Safety 

Victim and Justice Services 342 

Human Resources 

Medical Assistance 339 

Mental Health 337 

Independent Agencies 

Housing Finance 355 

Justice 

N.C. Alarm Systems 341 

Licensing Boards 

CPA 351 

Real Estate Commission 352 

NR&CD 

Coastal Management 347 

EnvLronmental 

Management 346 

Public Education 

Elementary and Secondciry 348 

State Treasurer 

Educational Facilities 349 

VI. LIST OF RULES AFFECTED 

Volume 12, No. 5 358 

(August 1, 1987) 

VIL CUMULATIVE INDEX 362 



4 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(April 1987 - March 1988) 



Issue 
Date 



04/15/87 
05/15/87 
06/15/87 
07/15/87 
08/14/87 
09/15/87 
10/15/87 
11/16/87 
12/15/87 
01/15/88 
02/15/88 
03/15/88 



Last Day 

for 

Filing 



4ti,444t,4 

03/26/87 
04/27/87 
05/26/87 
06/25/87 

08/26/87 
09/25/87 
10/27/87 
11/23/87 
12/28/87 
01/26/88 
02/24/88 



Last Day 
for 

Electronic 
Filing 

04/02/87 
05/04/87 
06/02/87 
07/02/87 
08/03/87 
09/02/87 
10/02/87 
11/03/87 
12/02/87 
01/04/88 
02/02/88 
03/02/88 



Earliest 
Date for 
Public 
Hearing 

******** 

05/15/87 
06/14/87 
07/15/87 
08/14/87 
09/13/87 
10/15/87 
11/14/87 
12/16/87 
01/14/88 
02/14/88 
03/16/88 
04/14/88 



Earliest * 

Date for Earliest 

Adoption Effective 

by Agency Date 



♦♦♦♦♦♦♦♦ 

06/14/87 
07/14/87 
08/14/87 
09/13/87 
10/13/87 
11/14/87 
12/14/87 
01/15/88 
02/13/88 
03/15/88 
04/15/88 
05/14/88 



******** 

09/01/87 
10/01/87 
11/01/87 
12/01/87 
01/01/88 
02/01/88 
03/01/88 
04/01/88 
05/01/88 
06/01/88 
07/01/88 
08/01/88 



* The "Earliest Effective Date" is computed assuming that the agency files the 
rules with The Administrative Rules Review Commission the same calendar 
month as adoption by the agency and ARRC approves the rules at the next 
calendar month meeting. 



GENERAL STATUTES OF NORTH CAROLINA 

[The following excerpt contains the statutory provisions that govern the Administrative Rules Review 
Commission as amended by Chapter 285; Session Laws of 1987. Note: These provisions may be 
subject to variable effective dates through October l_^ 1987. Persons concerned should consult the 
Session Law or the Administrative Rules Review Commission Staff for specific information.] 



CHAPTER 143B 



"Part 3. Administrative Rules Review Com- 
mission. 

"§ 143B-30. Defmitions. --As used in this Part, 
the following defmitions apply: 

'Agency' means an agency subject to the pro- 
visions of Article 2 of Chapter 150B of the Gen- 
eral Statutes. 

'Commission' means the Administrative Rules 
Review Commission. 

'Rule' means a 'rule', as defined in G.S. 
150B-2(8a). 

"§ 143B-30.1. Administrative Rules Review 
Commission created. —The Administrative 
Rules Review Commission is created. The 
Commission shall consist of eight members to 
be appointed by the General Assembly, four 
upon the recommendation of the President of the 
Senate, and four upon the recommendation of 
the Speaker of the House of Representatives. 
These appointments shall be made in accordance 
with G.S. 120-121, and vacancies in these ap- 
pointments shall be filled in accordance with G.S. 
120-122. AH appointees shall serve two-year 
terms. Any appointment to fill a vacancy on the 
Commission created by the resignation, dis- 
missal, ineligibility, death, or disability of any 
member shall be for the balance of the unexpired 
term. The chairman shall be elected by the 
Commission, and he shall designate the times 
and places at which the Commission shall meet. 
The Commission shall meet at least once a 
month. A quorum of the Commission shall 
consist of five members of the Commission. 

Members of the Commission who are not offi- 
cers or employees of the State shall receive com- 
pensation of two hundred dollars ($200.00) for 
each day or part of a day of service plus re- 
imbursement for travel and subsistence expenses 
at the rates specified in G.S. 138.5. Members of 
the Commission who are officers or employees 
of the State shall receive reimbursement for travel 
and subsistence at the rate set out in G.S. 138-6. 

The Office of Administrative Hearings shall 
provide administrative and support staff to the 
Commission to assist it in performing its duties. 

"§ 143B-30.2. Review of rules. - (a) Rules 
adopted by an agency on or after September 1, 
1986, shall be submitted to the Administrative 
Rules Review Commission, which shall review 
the rule to dctennine whether it: 



(1) Is within the authority delegated to the 
agency by the General Assembly; 

(2) Is clear and unambiguous; 

(3) Is reasonably necessary to enable the 
administrative agency to perform a function 
assigned to it by statute or to enable or fa- 
cilitate the implementation of a program or 
policy in aid of which the rule was adopted. 

Any rule filed by the 20th of a month shall 
be reviewed by the Commission by the last 
day of the next calendar month. Any rule 
filed after the 20th of a month shall be re- 
viewed by the Commission by the last day 
of the second subsequent calendar month. 
The Commission may extend the time for 
review of a rule by a period of up to 70 days 
to obtain additional information on the rule. 
The Commission shall file notice of the ex- 
tension of time for review of a rule with the 
agency and the Director of the Office of 
Administrative Hearings. A rule may not 
be presented for filing with the Director of 
the Office of Administrative Hearings under 
G.S. 150B-59 unless the rule has been re- 
viewed by the Commission as provided in 
this section. 

(b) If the Commission reviews a rule and 
determines that it is within the authority 
delegated to the agency, is clear and unam- 
biguous, and is reasonably necessary, the 
Commission shall note its approval, notify 
the agency, and file the rule with the Direc- 
tor of the Office of Administrative Hearings 
under G.S. 150B-59, and the rule shall be- 
come effective as provided in that section. 

(c) If the Commission finds that an agency 
did not act within the authority delegated to 
it in promulgating a rule or a part of a rule, 
or that a rule is not clear and unambiguous, 
or that a rule is unnecessary, the Commis- 
sion shall object and delay the filing of the 
rule or part of the rule under G.S. 150B-59 
for a period not to exceed 90 days. The 
Commission shall send to the agency, the 
Governor, the President of the Senate, the 
Speaker of the House of Representatives, 
and the Director of the Office of Adminis- 
trative Hearings, a written report of the ob- 
jection and delay of the rule or its part and 
the reasons for the delay. An agency may 
not present a rule or part of a rule that has 
been delayed to the Director of the Office 
of Administrative Hearings for filing under 



NORTH CAROLINA REGISTER 



286 



G.S. 150B-59, and a rule or its part that is 
delayed is not 'effective', as defined in G.S. 
150B-2(2a), 

(d) Within 30 days after receipt of the 
Commission's written report as authorized 
by (c), the agency shall either (1) revise the 
rule to remove the cause of the objections 
of the Commission and return the revised 
rule to the Commission or (2) return the 
rule to the Commission without change with 
the Commission's objections attached; pro- 
vided, however, that in the case of a board, 
committee, council, or commission the re- 
sponse is due within 30 days after receipt of 
the Commission's written report or within 
10 days following the next regularly sched- 
uled meeting of the board, committee, 
council, or commission, whichever time pe- 
riod is greater. The Commission shall de- 
termine whether a revision removes its 
objections to the rule. 

(e) If the Commission determines that a 
revision of a rule has remo\ed the Commis- 
sion's objections, the Commission shall note 
its approval and return the rule to the 
agency. The agency may then file the rule 
with the Director of the Office of Adminis- 
trative Hearimgs under G.S. 1 SOB- 59, and 
the rule shall become effective as provided 
in that section. 

(f) Regardless of whether the agency re- 
turns the rule to the Commission without 
change instead of revising the rule to remove 
the Commission's objections or whether the 
Commission determines that a revision of a 
rule has not removed its objections, the 
Commission shall note its review of and 
objection to the rule once 90 days have 
passed since the Commission objected and 
delayed the filing of the rule or part of the 
rule pursuant to G.S. 143B-30.2(c) and shall 
return the rule to the agency. The agency 
may then fde the rule with the Director of 
the Office of Administrative Hearings under 
G.S. 150B-59, and the rule shall become ef- 
fective as provided in that section. If the 
agency did not remove the Commission's 
objections to the rule or part of the rule, the 
Commission may send to the President of 
the Senate and the Speaker of the House of 
Representati\es a written report of its ob- 
jections to the rule. Thereafter, if the Gen- 
eral Assembly enacts legislation 



disapproving the rule, the rule shall no 
longer be effective. 

The Legislative Services Officer shall send 
a copy of any law disapproving a rule to the 
agency and the Director of the Office of 
Administrative Hearings as soon as a copy 
is available. 

(g) Wliile the filing of a rule or its part is 
delayed, the agency that promulgated it may 
not adopt another rule, including a tempo- 
rary rule, that has substantially identical 
provisions to those for which the Commis- 
sion delayed the filing of the original rule or 
part of a rule. 

(h) The filing of an amendment to a rule 
places the entire rule before the Commission 
for its review. 

(i) Rules adopted in accordance with the 
procedure in G.S. 1 SOB- 13 shall be reviewed 
by the Commission and are subject to ob- 
jection as provided in fc). 

The Commission shall review the reasons 
given for the adoption of a temporary rule 
and may object to the rule due to the agen- 
cy's failure to make the finding required by 
G.S. lSOB-13. 

'■§ 143B-30.3. Hearings. - (a) 

Notwithstandmg G.S. 143B-30.2(a). at any 
time before the time for re\iew set out in 
that subsection expires or upon the written 
request of any agency, the Commission may 
call a pubUc hearing on any rule. Within 
60 days after the public hearing, the Com- 
mission may fmd that the agency did not act 
within the authority delegated to it in 
promulgating the rule, or that the rule is not 
clear and unambiguous, or that the rule is 
unnecessary, and object to and delay the rule 
in accordance with G.S. 143B-30.2. 

(b) At least IS days before the public 
hearing, the Commission shall give notice 
of the hearing to the rulemaking agency, to 
any person who requests a copy of the no- 
tice, and to any person who may be affected 
by the rule in the opinion of the chairman 
of the Commission. 

"§ 143B-30.4. Evidence. --Evidence of the 
Commission's failure to object to and delay 
the filing of a rule or its part shall be inad- 
missible in all civil or criminal trials or other 
proceedings before courts, administrative 
agencies, or other tribunals." 



25/ 



XORTH CAROLI.\A REGISTER 



EXECUTIVE 
ORDERS 

EXECUTIVE ORDER NUMBER 51 

Extension of Executive Orders 3, 8, 9, 10, and 
12 

Extension and Amendment of Executive Orders 

7, 13, and 14 

and Rescission of Executive Order 19 



It has been made to appear upon satisfactory 
information presented to me that my Executive 
Orders 3, 8, 9, 10, and 12 should be extended 
without modification. 

It has also been made to appear to upon satis- 
factory information that Executive Order 7 
should be extended and amended to change 
"Secretary of Administration" to "Assistant to 
the Governor for Strategic Planning and Policy 
Development" as the person to call meetings and 
be advised of proposed courses of action; that 
Executive Order 13 should be extended and 
amended to provide for one additional person for 
health professional associations as a member of 
the North Carolina Health Coordinating Coun- 
cil; that Executive Order 14 should be extended 
and amended to delete the Department of Ad- 
ministration as having a representative member 
and to change "Secretary of Administration" to 
"Assistant to the Governor for Strategic Planning 
and Policy Development" as the person to call 
meetings and direct the Commission. 

It has also been made to appear that Executive 
Order 19 should be rescinded because the State 
Personnel Commission is now performing the 
duties performed by the Govemor's Commission 
for Recognition of State Employees. 

Now therefore, pursuant to the authority vested 
in as Governor by the Constitution and laws of 
North Carolina IT IS ORDERED: 

Section L EXTENSION OF EXECUTIVE 
ORDERS 3, 8, 9, 10, AND 12 

The following Executive Orders are hereby re- 
issued and extended through May 15, 1989: 

Executive Order Number 3 entitled "North 
Carolina Advisory CouncU on Vocational 
Education", 

Executive Order Number 8 entitled "Govemor's 
Advisory Committee on Travel and Tourism", 

Executive Order Number 9 entitled "North 
Carolina Public Transportation Advisory 
Council", 

Executive Order Number 10 entitled "North 
Carolina Small Business Council", and 

Executive Order Number 12 entitled "Gover- 
nor's Highway Safety Commission". 



Section Z AMENDMENT AND REISSU- 
ANCE OF EXECUTIVE ORDER NUMBER 
7 "WOMEN'S ECONOMIC ADVISORY 
COUNCIL" 

a. Executive Order Number 7 is amended on 
line 3 of Section 2 and on line 4 of Section 3 by 
deleting the words "Secretary of Administration" 
and adding in their place the words "Assistant to 
the Governor for Strategic Plarming and Policy 
Development." 

b. Sections 2 and 3 as amended herein and each 
and every other section of Executive Order 
Number 7 not inconsistent herewith are reissued 
and extended through May 15, 1989. 

Section 1 AMENDMENT AND REISSU- 
ANCE OF EXECUTIVE ORDER NUMBER 

13 "NORTH CAROLINA HEALTH COOR- 
DINATING COUNCIL" 

(a) Executive Order Number 13 is amended on 
line 17 of Section 3 beginning after the words 
"other health professional associations" by de- 
leting the numeral "2" and adding in its place the 
numeral "3" and amended on the line 28 of Sec- 
tion 3 after the word "total" by deleting the nu- 
meral "23" and adding in its place the numeral 
"24". Said executive order is further amended 
on line 6 of Section 4 after the words "serving 
one year" by deleting the word "seven" and 
adding in its place the word "eight." Said exec- 
utive order is amended on line 4 of Section 10 
after the words "executive order" by adding the 
words "and Executive Order 13." 

(b) Sections 3, 4 and 10 as amended herein and 
each and every other section of Executive Order 
Number 1 3 not inconsistent herewith are reissued 
and extended through May 15, 1989. 

Section 1 AMENDMENT AND REISSU- 
ANCE OF EXECUTIVE ORDER NUMBER 

14 "GOVERNOR'S TASK FORCE ON DO- 
MESTIC VIOLENCE" 

(a) Executive Order Number 14 is amended on 
line 8 of Section 2 by deleting the words "the 
Department of Administration". 

Said executive order is amended on hnes 2 and 
3 of Section 3 by deleting the words "Secretary 
of Administration" and adding in their place the 
words "Assistant to the Governor for Strategic 
Planning and PoUcy Development." 

Said executive order is amended on lines 2 and 
3 of Section 4 by deleting the words "the Secre- 
tary of the Department of Administration" and 
adding in their place "Assistant to the Governor 
for Strategic Planning and PoUcy Development." 

Said executive order is amended on the line 4 
of Section 6 after the word "order" by adding the 
words "and Executive Order 14." 

(b) Sections 2, 3, 4, and 6 as amended herein 
and each and every other section of Executive 



NORTH CAROLINA REGISTER 



288 



Order Number 14 not inconsistent herewith are 
reissued and extended through May 15, 1989. 

Section 1 RESCISSION OF EXECUTIVE 
ORDER NUMBER 19 
Executive Order Number 19 is hereby rescinded. 

Done in Raleigh, North Carolina this 14th day 
of July, 1987. 

EXECUTIVE ORDER NUMBER 52 

VETERANS PREFERENCE IN JOB TRAINING 
PARTNERSHIP ACT (JTPA) PROGRAMS 

The State of North Carolina recognizes the 
unique contribution to the State and the Nation 
made by its citizens who have served in the 
/Vrmed Forces of the United States, and is grate- 
ful for their service in the defense of this Nation 
and the preservation of peace. 

It has been made to appear to me as follows: 

1. The Job Traming Partnership Act enacted 
by the United States Congress hereinafter "the 
Act" provides employment and training oppor- 
tunities for economically disadvantaged individ- 
uals and for those who have barriers to 
employment: and 

2. Veterans have been detennined to be a group 
requiring special assistance under Sections 
106(d)(3'), 10S(c)(2) and 123(c)(1) of the Act and 
Section 121(c)(3) of the Act provides for the 
Governor's coordination of programs and related 
ser\'ices for indi\iduals whom the Governor de- 
termines require special assistance; and 

3. Service Delivery Areas and Private Industry 
Councils, as recipients of the Act's funds, have 
responsibility for planning and administering 
programs for eligible indi\'iduals in the State; and 

4. Veterans should recei\'e priority consider- 
ation for appropriate employment and training 
services and is striving within the confmes of the 
law to serve Veterans through the Job Training 
Partnership Act; and 

5. In accordance with the Act, criteria have 
been established for coordinating programs 
funded under the Act with programs and services 
provided by State and local education and train- 
ing agencies. 

NOW, therefore, it is hereby ordered, pursuant 
to the authority vested in me by the laws and 
Constitution of North Carolina: 

Section J^ The State of North Carolina shall 
strive to give special consideration for employ- 
ment and training opportunities to Veterans of 
the .■\rmed Forces of the United States through 
the Act, or any similar or successor programs, 
with particular attention to eligible disabled Vet- 
erans and Veterans of the Vietnam era. 



Section Z Service Delivery Areas, as local de- 
cision makers, are encouraged to give appropriate 
consideration to Veterans in the design of their 
local programs. 

Section 3^ Service Dehvery Areas shall involve 
representatives of Veteran's organizations when 
planning the Act's programs. 

Section 4 Service Delivery Areas shall notify 
the appropriate District Veterans Service Officers 
of Private Industry Council meetings and work 
with the District Veterans Service Officers to es- 
tablish appropriate cross-referral procedures. 

Section 5. Ser\'ice Dehvery Areas shall provide 
District Veterans Service OfTicers with informa- 
tion regarding the Act's planning process, ser%'ices 
available to Veterans, names of appropriate con- 
tact persons, eUgibUty requirements for the Act's 
programs and any additional information which 
may further the training and employment op- 
portunities so richly merited by our Veterans. 

Done in the Capital city of Raleigh, this the 
30th day of July, 1987. 

EXECUTIVE ORDER 53 

GOVERNOR'S INTER-AGENCV ADVISORY TEAM 
ON ALCOHOL AND OTHER DRUG ABUSE 

It has been made to appear to me as follows: 

1 . The dual dangers of alcohol and other drug 
abuse pose a growing threat to the continued 
progress and prospenty of North Carolina. The 
catastrophic effects of these hazards touch all 
segments of our population. 

2. Several state agencies maintain alcohol and 
drug abuse programs, and to combat alcohol and 
drug abuse most effectively, it is essential for such 
state agencies to coordinate the development of 
these programs and dehvery of these services. 

Therefore, by the authority vested in me as 
Governor bv the Constitution and laws of North 
Carolina, it 'is ORDERED: 

Section 1. ESTABUISHMENT 

The Governor's Interagency Advisory Team on 
Alcohol and Drug Abuse, hereinafter called the 
"Advisory Team," is hereby estabhshed. The 
Advisory Team shall consist of not less than nine 
members and shall include the following: 

Deputy Secretary of the Department of Cor- 
rection, or his designee; 

Executive Director of the Governor's Crime 
Commission, or his designee; 

Director of the Division of Mental Health, 
Mental Retardation and Substance Abuse Scr- 



289 



SORTH CAROLISA REGISTER 



vices in the Department of Human Resources or 
his designee; 

Director of Division of Youth Services in the 
Department of Human Resources, or his 
designee; 

Assistant Director of State Bureau of Investi- 
gation, or his designee; 

Director of Alcohol and Drug Defense in the 
Department of Public Instruction, or his 
designee; 

Director of Youth Advocacy and Involvement 
Office, or his designee; 

Director of the Governor's Highway Safety 
Program, or his designee. 

The Chairman of the Governor's Council on 
Alcohol and Drug Abuse Among Children and 
Youth shall be the Chairman of the Advisory 
Team and the members shall serve at the pleasure 
of the Governor. 

Section 2. FUNCTIONS 

(a) 1 he Advisory Team shall meet on at least 
a quarterly basis and may hold special meetings 
at any time at the call of the Governor, the 
chairperson, or three of its members. 

(b) The Advisory Team shall have the follow- 
ing duties: 

1. Coordinate existing state alcohol/drug pro- 
grams and services in order to eliminate dupli- 
cation and maximize the efficient use of 
resources; 

2. Provide guidance and direction in the ex- 
pansion, development, and implementation of 
new alcohol and other drug abuse programs; 



3. Review the General Statutes of North 
Carolina applicable to alcohol and other drug 
abuse and prior to March, 1988, report to the 
Governor on proposed legislation that may be 
needed; 

4. Perform such other duties as assigned by the 
Governor. 

Section 3. ADMINISTRATION 

(a) The Department of Administration shall 
provide administrative support and staff as may 
be required by the Advisory Team. 

(b) Each agency shall defray any costs incurred 
by the appointee in carrying out the functions of 
this appointment. 

(c) It shall be the responsibility of each Cabinet 
Department to make every reasonable effort to 
cooperate with the Advisory Team in carrying 
out the provisions of this order. 

(d) The Division of Mental Health, Mental 
Retardation and Substance Abuse Services shall 
provide funding for the travel and subsistence 
costs incurred by the Chairman of the Advisory 
Team. 

Section 4 EFFECTIVE DATE AND 

EXPIRATION 

This Executive Order shall become effective 
immediately and will expire in accordance with 
North Carolina law two years from the date it is 
signed. It is subject to reissuance at expiration. 

Done in the Capital city of Raleigh, this the 
30th day of July, 1987. 



NORTH CAROLINA REGISTER 



290 



VOTING RIGHTS ACT FINAL DECISION LETFERS 

[G.S. I20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the At- 
torney General of the United States in which a final decision is made concerning a "change affecting 
voting" under Section 5 of the Voting Rights Act of J 965 be published in the North Carolina Register. / 

U.S. Department of Justice 
Civil Rights Division 
Washington, D.C. 20530 

Ofllce of the Assistant 
Attorney General 

July 6, 1987 

Michael Crowcll, Esq. 
Tharrington, Smith & Hargrove 
F. O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. Crowell: 

This refers to the 1966 change from sinele-mcmber districts to an at-large method of nominating 
candidates, and Chapter 151, H.B. No. 311 0969) and Chapter 167, S.B. No. 209 (1969), which pro- 
\idc for staggered, four-year terms for the board of commissioners in Onslow County, North Carolina, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 
42 U.S.C. 1973c. We received your submission on May 5, 1987. 

We have considered carefully the information you have provided as well as information received 
from other interested parties. With reg;ird to the change in the nomination process from district to 
at-large elections, the Attorney General does not interpose any objection. However, we feel a respon- 
sibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the 
Attorney General to object does not bar any subsequent judicial action to enjoin the enforcement of 
such change. See Section 51.41 of the Procedures for the Administration of Section 5 |52 Fed. Reg. 
496(1987)1. 

With regard to Chapters 151 and 167, we note at the outset that under the election system adopted 
by the county in 1966, and precleared above, the county commission is comprised of five members 
nominated and elected at large on a partisan basis for concurrent, two-year terms, with a majority vote 
requirement in the pnmary election. Since that system now has met the Section 5 preclearance re- 
quirement, it is against those procedures that we must measure the effect of the change to staggered, 
four-year terms as set forth in Chapters 151 and 167. See also Section 51.54(b) (52 Fed. Reg. 498 
(1987)]. 

Viewed in that context, our analysis reveals that black candidates for county-wide office repeatedly 
have been unsuccessful due at least in part to an apparent pattern of racially polarized voting in county 
elections. Despite this \oting pattem, however, and apparently through the election device of single- 
shot voting, the electoral history of Onslow County shows that black candidates frequently finish fourth 
or fifth in multi-candidate, multi-position contests. The one instance where a black candidate finished 
higher than fourth was a special runoff primary and general election (for the board of education) in 
which voter turnout was unusually low and, e\en in that contest, we note that the black candidate 
fmished fifth m the first primary and qualified for the runoiT only because five positions were to be 
elected to the school board. Thus, by restricting the number of commissioner positions to be filled at 
each election to two or three instead of five, it appears that the adoption of staggered terms reduces the 
utility of single-shot voting and thus diminishes the opportunity of black citizens to elect candidates 
of their choice to the board of commissioners. 

Under Section 5 of the Voting Rights Act, the submitting authority has the burden of showing that 
a submitted change has no discriminatory purpose c effect. See Gcorija v. United States , 411 U.S. 

291 iXORTH CAROLI.XA REGISTER 



526 (1973); see also Section 51.52(a) [52 Fed. Reg. 497-498 (1987)]. In light of the considerations dis- 
cussed above, I cannot conclude, as I must under the Voting Rights Act, that that burden has been 
sustained in this instance. Therefore, on behalf of the Attorney General, I must object to Chapters 151 
and 167 (1967) to the extent that they provide for staggered terms. 

Of course, as provided by Section 5 of the Voting Rights Act, you have the right to seek a de- 
claratory judgment from the United States District Court for the District of Columbia that this change 
has neither the purpose nor will have the effect of denying or abridging the right to vote on account 
of race or color. In addition. Section 51.45 of the guidelines (52 Fed. Reg. 496 (1987)] permits you to 
request that the Attorney General reconsider the objection. However, until the objection is withdrawn 
or a judgment from the District of Columbia Court is obtained, the effect of the objection by the At- 
tomey General is to make the use of staggered terms legally unenforceable. See Section 51.10 [52 Fed. 
Reg. 492(1987)1. 

To enable this Department to meet its responsibility to enforce the Voting Rights Act, please in- 
form us of the course of action Onslow County plans to take with respect to this matter. If you have 
any questions, feel free to call Mark A. Posner (202-724-8388), Deputy Director of the Section 5 Unit 
of the Voting Section. 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attomey General 
Civil Rights Division 



. 



AORTH CAROU\A REGISTER 292 



WBR:MAP:GS:gmh 
DJ 166-012-3 
S2610-2613 
S3855-3859 



U.S. Department of Justice 
Civil Rights Division 
Washington, D.C. 20530 



Voting Section 
P.O. Box 66128 
Washington, D.C. 



20035-6128 



July 23, 1987 



Michael Crowell, Esq. 
Tharrington, Smith & Hargrove 
P. O. Box 1151 
Raleigh, North Carolina 27602 

Dear .Mr. Crowell: 

This refers to Chapter 193, H.B. No. 75 (1987), which provides for a twelve-member board of 
education elected from six double-member districts for six-year, staggered terms, the districting plan, the 
implementation schedule, the use of numbered positions in the 1987 election, and the procedures for 
filling vacancies; and Section 6.7 of Chapter 549, S.B. No. 348 (1987), which amends the candidate 
tiling period for the board's 1987 election in Pitt County, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We 
received your initial submission on June 2, 1987; supplemental information was received on July 6, 
1987. In accordance with your request, expedited consideration has been given this submission pur- 
suant to Section 51.34 of the Procedures for the Administration of Section 5 [52 Fed. Reg. 495 (1987)]. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Votmg Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the en- 
forcement of such changes. In addition, as authorized by Section 5, the Attorney General reser%'es the 
right to reexamine this submission if additional information that would otherwise require an objection 
comes to his attention during the remainder of the sixty-day review period. See Sections 51.41 and 
51.43 |52 Fed. Reg. 496 (1987)]. 



Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



293 



SORTH CAROLISA REGISTER 



WBR:MAP:ST:sw:jmc 
DJ 166-012-3 
S2076 



U.S. Department of Justice 
Civil Rights Division 
Washington, D.C. 20530 



Voting Section 
P.O. Box 66128 
Washington, D.C. 20035-6128 



July 27, 1987 



Richard J. Rose, Esq. 

Povner & SpruiU 

P. b. Box 353 

Rocky Mount, North Carolina 27802-0353 

Dear Mr. Rose: 

This refers to the limited redistricting for the City of Rocky Mount in Edgecombe and Nash 
Counties, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting 
Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on May 26, 1987. 

The Attorney General does not interpose any objection to the change in question. However, we 
feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the en- 
forcement of such change. See Section 51.41 of the Procedures for the Administration of Section 5 [52 
Fed. Reg. 496(1987)]. 



Sincerely, 

Wm. Bradford Reynolds 
Assistant Attomey General 
Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



i\ORTH CAROLIXA REGISTER 



294 



STA TEMENTS OF ORGAMZA TION 



The following Statements of Organization were submitted to the Director of the Office of Ad- 
ministrative Hearings for publication pursuant to G.S. 150B-10 and 26 NCAC 2B .0102. 



NORTH CAROLINA DEPARTMENT OF 
ADMINISTRATION 

The Department of Administration (DOA) 
was created by the 1957 General Assembly in an 
effort to consolidate many of the administrative 
aspects of State Government. The Executive 
Organization Act of 1973 recreated the Depart- 
ment and established the Department as one of 
nineteen major departments of State Govern- 
ment. The head of the Department is the Sec- 
retary^ who is appointed by the Governor and 
serves at the pleasure of the Governor. 

The Department of Administration has two 
primar,' duties: 

1. Advance the effective management, 

efficient operation and fair conduct of 
the executive branch. 



Office of Fiscal Management 

This office accounts for all fiscal activity of 
the department in conformity with requirements 
of the Office of State Budget and Management, 
the Department of State Auditor, and federal 
funding agencies. 

DOA Personnel 

This office is responsible for recruitment, 
hiring, grievance and appeal procedures, classi- 
fication of positions to ensure equitable com- 
pensation for all employees, monitoring the 
departmental affirmative action plan, and imple- 
mentation of the State Personnel System within 
the department. 

State Clearinghouse 



2. Host boards and commissions repre- 
senting various segments of North 
Carolina's population that have tradi- 
tionally been underrepresented. 

The Department is organized into Divisions 
and Agencies with brief descriptions as follows: 

OFFICE OF THE SECRETARY 
Agency for Public Telecommunications 

This agency offers media production ser- 
vices, satellite and audio teleconferencing, and 
production and distribution of radio and tele- 
vision public service announcements for state 
agencies. 

DOA Public Information Office 

The duties of this office include preparation 
of news releases, the editing of and supervision 
over production of official pubhcations and the 
design and production of visual aids. 

Division of X'eterans .\ffairs 

This office assists \eterans, their dependents, 
and the dependents of deceased veterans in ob- 
taining and maintaining those riglits and benefits 
to which they are entitled by law. 

Office of .Administrative .Analysis 

This office pro\idcs cost-free consulting ser- 
vices to state agencies to help make improve- 
ments in organization, methods, equipment use, 
staffmg levels, cost reduction, and procedures. 



This office is responsible for coordinating 
the state agency and local government intergov- 
ernmental review process. Submitted for state 
and local review and comment are notifications 
of intent to apply for federal funds and environ- 
mental review documents. The purpose is to 
ensure that the proposed actions at one level of 
government do not have an adverse impact on 
another jurisdiction. 

Board of Science and Technology 

The purpose of this Board is to identify im- 
portant research needs of both public and private 
institutions and organizations m North Carolina; 
to make recommendations concerning policies, 
procedures, and organizational structures that 
will promote effective use of scientific and tech- 
nological resources in fulfilling the research needs 
identified, and to support research projects, pur- 
chase research equipment and supplies, construct 
or modify research facihties and to employ con- 
sultants from funds made available to the Board. 

GGVER.NME.NT OPERATIONS 

Auxiliary Services 

Under a reorganisation of the department's 
government operational services, a new Di\ision 
of Auxiliary Services was created in January 
1985. Formerly known as General Services, the 
reorganized division is home to: 

Courier Service 

A receipt-supported operation, this service 
provides courier mail and inter-office mail to lo- 



295 



SORTH CAROLLXA REGISTER 



ST A TEMENTS Of ORGANIZA TION 



cal state government offices and 89 counties in 
North Carolina. 

Federal Surplus Property 

This office acquires and distributes available 
federal surplus property needed by the eligible 
recipients in the state and funds costs for oper- 
ations through receipts from sales. 

Motor Fleet Management 

This office is responsible for the approxi- 
mately 4,000 vehicles owned by state govern- 
ment. Aside from purchasing and maintenance 
of state vehicles, this office enforces state regu- 
lations relating to their use. 

state Capitol Police 

This law enforcement agency, with police 
powers throughout the city of Raleigh, provides 
security and property protection functions for 
state government facilities within the Capitol 
City. This agency is also responsible for en- 
forcement of regulations in state-operated park- 
ing lots. 

state Government Printing Office 

A receipt-supported operation, this office 
provides typesetting and printing services 
throughout state government. 

state Surplus Property 

This office is responsible for the sale of all 
supphes, materials, and equipment owned by the 
state and considered to be surplus, obsolete, or 
unused. 

Physical Plant 

This section oversees the maintenance of the 
public buildings, provides necessary and adequate 
cleaning ser\'ices, elevator operation service and 
other operational or maintenance services for 
state buildings. It is also responsible for the 
landscaping and maintenance of state-owned 
grounds in the State Govenunent Complex and 
in outlying areas. 

state Construction Office 

This office is responsible for the adminis- 
tration of the planning, design, and construction 
of all state facilities, including the university and 
community coUege systems. It also provides the 
architectural and engineering services necessary 
to carr)' out the capital improvement program for 
all state institutions and agencies. 

State Property Office 

This office is responsible for state govern- 
ment's acquisition and disposition of all interest 
in real property whether by purchase, sale, exer- 
cise of the power of eminent domain, lease, or 



rental. This office also prepares and keeps cur- 
rent a computerized inventory of all land hold- 
ings and buildings owned or leased by the state 
or any state agency. 

Division of Purchase and Contract 

This office serves as the central purchasing 
activity for state government and certain other 
entities. Contracts are established for the pur- 
chase, lease and lease-purchase of the goods and 
services required by all state agencies, insti- 
tutions, public school districts, community col- 
leges, and the university system. 

PROGRAMS 
Governor's Advocacy Council for Persons with Disabilities 

The Council pursues appropriate remedies, 
including legal ones, on behalf of disabled citizens 
who feel they have been the subject of discrimi- 
nation. 1 he Council also offers technical assist- 
ance regarding disability issues, promotes 
employment opportunities for disabled persons, 
and reviews policies and legislation relating to 
these persons. 

North Carolina Human Relations Council 

The NCHRC provides services and pro- 
grams aimed at improving relationships among 
all citizens of this state, while seeking to ensure 
equal opportunities in the areas of employment, 
housing, public accommodation, recreation, ed- 
ucation, justice, and governmental services. The 
Council also enforces the North Carolina Fair 
Housing Law. 

North Carolina Commission of Indian Affairs 

The Commission is responsible for bringing 
local, state and federal resources into focus for 
the implementation or continuation of meaning- 
ful programs for the Indian citizens of North 
Carolina. 

Youth A dvocacy and Involvement Office 

YAIO seeks to tap the productivity of the 
youth of North Carolina through their partic- 
ipation in community services and the develop- 
ment of youth leadership capabilities. The office 
provides case advocacy to individuals in need of 
services for children and youth. 

501 steering Committee 

This committee, appointed by the Gover- 
nor, oversees the state's compliance with Section 
504 of the Federal Rehabilitation Act of 1973. 
Federal funding requirements have been estab- 



SORTH CAROLINA REGISTER 



296 



STA TEMENTS OF ORGANIZA TION 



lishcd for the accessibility for state government 
facilities and programs. 

OfTice of Marine Affairs 

The Office of Marine .AJTairs advocates and 
promotes public awareness, appreciation and 
wise utilization of the natural and cuhural re- 
sources of coastal North Carolina. The three 
North Carolina Aquariums provide educational 
opportunities; the Marine Science Council re- 
commends state ocean policies and encourages 
marine research: and the Outer Continental Shelf 
Resources Recover)' Program ensure stewardship 
while pro\iding state participation in regional 
and federal resource utilization efforts. 

The public may obtain information about 
and make submissions or requests to the De- 
partment of Administration, 116 West Jones 
Street, Raleieh, North CaroUna 27603-8003. 
Telephone (919) 733-7232. 

NORTH CAROLINA DEPARTMENT OF 
AGRICILTIRE 

The North Carolina Department of Agri- 
culture is a statutorily created agency G.S. 106-2, 
within the executive branch of the state govern- 
ment. The Commissioner of Agriculture, a 
statewide elected official as pro\"ided for in /Vrticle 
III, Section 7(1) of the North Carolma Consti- 
tution, is the head of the Department of Agri- 
culture. The Department of Agriculture is 
organized into thirteen divisions. A number of 
boards and commissions are administratively lo- 
cated in the department. 

A. Departmental Divisions: 

1 ) Agronomic Ser\ ices 

The Agronomic Services Division performs 
laboratop.' analysis of soil and plant samples for 
farmers and homeowners. Tests determine the 
fertility of soil and the nutrient quantity and bal- 
ance of plants through tissue analysis. Nema- 
todes are quantified from soil and plant root 
samples and diseases are diagnosed. Fertilizer 
application and nematode management rec- 
ommendations are made based on test results. 
Growers are assisted in the field with pioblem 
diagnosis and optimum crop production strate- 
gies by Regional Agronomists. 

Mailing Address: 

Agronomic Services Division 

N. C. Department of Agriculture 

Blue Ridse Road Center 



Raleigh, NC 27611 
Telephone: (919) 733-2657 

2) Crop & Livestock Reporting Service 

The Crop and Livestock Reporting Service 
Division is responsible for collecting, preparing, 
and disseminating regular series of official crop, 
livestock and price estimates along with other 
statistics relative to agriculture in North Carolina 
and the nation. 

Mailing Address: 

Crop & Livestock Reporting 

Service Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleieh, NC 27611 

Telephone: (919) 733-7293 

3) Food Distribution 

The Food Distribution Division operates in 
cooperation with the US DA to provide food at 
no cost for distribution to schools of high school 
grade or under, charitable institutions and needy 
persons. It is the responsibility of this di\ision 
to requisition, store, and deliver the food. 

Mailing Address: 

Food Distribution Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, N. C. 27611 

Telephone: (919) 733-7661 

4) Food and Drug Protection 

The Food and Drug Protection Division 
assures consumers that foods, feeds, drugs, cos- 
metics, pesticides, and automotive antifreezers 
are safe, wholesome and properly labeled. 
Statewide inspections and chemical analyses offer 
protection against unsafe, deceptive and fraudu- 
lent products. Annual registration of pesticides 
offered for sale within North Carolina and pesti- 
cide applicator licensing and certitication is ad- 
ministered by the Pesticide Section. 

Mailing Address: 

Food and Drug Protection Division 

N. C. Department of Agriculture 

4000 Reedv Creek Road 

Ralei2h,'NC 27607 

Telephone: (919) 733-7366 

Mailing Address: 

Pesticide Section 

N. C. Department of Aoiculture 

P. O. Box 27647 



29- 



SORTH CAROLISA REGISTER 



STA TEMENTS OF ORGANIZA TION 



Raleigh, NC 27611 
Telephone: (919) 733-3556 

5) Marketing 

The Marketing Division promotes the sale 
of North Carolina agriculture food products, re- 
ports farm prices on major commodities and de- 
termines and certifies the official grade of farm 
products. The Marketing Division also organizes 
special hvestock sales, arranges buyer-seller con- 
tacts, provides marketing advice and assistance to 
producers, processors and handlers and adminis- 
ters the N. C. Egg Law and the Farm Products 
marketing and branding law. Regional Farmers' 
Markets in Raleigh, Charlotte and AsheviUe are 
also operated by the Marketing Division. 

Mailing Address; 

Marketing Division 

N.C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7887 

6) Museum of Natural Sciences 

The Museum of Natural Sciences Division 
maintains collections and disseminates know- 
ledge concerning the natural histon,' (flora, fauna, 
minerals, fossils and ccolog>') of North Carolina 
through (1) temporary' and permanent exhibits; 
(2) systematic collections and data files in the 
charge of taxonomic specialists trained to solve 
problems of identification and classification; (3) 
ecological and other field studies of .southeastern 
biota; (4) educational services including teacher 
education programs, vocational training, curric- 
ulum and program development, classes, lectures 
and preparation of popular and educational ma- 
terials on natural history topics; (5) pubhcation 
of natural history books, papers, articles, pam- 
phlets, and similar materials; and (6) operation 
of the N. C. Maritime Museum. 

Mailing Address: 

Museum of Natural 

Sciences Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7450 

Mailing Address: 

N. C. Maritime Museum 

N. C. Department of Agriculture 

315 Front Street 

Beaufort, NC 28516 

Telephone: (919) 728-7317 



7) North Carolina State Fair 

The North Carolina State Fair Division is 
responsible for the annual North Carolina State 
Fair in October. During non-Fair time, the 
North Carolina State Fair rents various Fair Fa- 
cilities to the general public for special events. 

Mailing Address: 

N. C. State Fair Division 

N.C. Department of Agriculture 

1025 Blue Ridge Blvd. 

Raleigh, NC 27607 

Telephone: (919) 733-2145 

8) Plant Industry 

The Plant Industry Division performs ferti- 
lizer and seed examinations to check for accuracy 
in labeling and quality of product. The division 
also administers Plant Pest laws. 

Mailing Address: 

Plant Industry Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3930 

9) PubUc Affairs 

The Pubhc Affairs Division is responsible 
for disseminating pertinent information to the 
public through news releases and other media 
contacts. The division is also responsible for 
publishing "Agriculture Review." Media ques- 
tions may be directed to the division, and they 
will be channeled to the proper individual if fur- 
ther expertise is required. 

Mailing Address: 

Pubhc Affairs Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-4216 

10) Research Stations 

Fifteen research stations and four state farms 
comprise the Research Stations Division of the 
Department of Agriculture. The research sta- 
tions cooperate with scientists at the land-grant 
universities to develop new agronomic products 
and trends, working in conventional crops but 
also working in new crops to the state. Research 
is also conducted on the State Farms, whose 
primary purpose is to produce food for state in- 
stitutions. 



NORTH CAROLINA REGISTER 



298 



ST A TEMENTS OF ORGANIZA TION 



Mailing Address: 

Research Stations Division 

N. C. Department of Agriculture 

P. O, Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3236 

1 1 ) Standards 

The Standards Division .administers the 
weights and measures program which includes 
the verification of the accuracy of commercial 
weighing and measuring devices and the in- 
spection of packaged items for compliance with 
net contents statements. The division also tests 
petroleum products and inspects LP Gas instal- 
lations. 

Mailing Address: 

Standards Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3313 

12) Structural Pest Control 

The Structural Pest Control Division is re- 
sponsible for licensing commercial pest control 
operators witliin North Carolina. It is also the 
responsibility of the di\ ision to inspect the qual- 
ity of work performed by licensed operators, and 
to enforce pesticide safety requirements. 

Mailing Address: 

Structural Pest Control Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6100 

13) Veterinar)' 

The Veterinary Division monitors all animal 
disease outbreaks and administers animal health 
programs in North Carolina. The division also 
provides veterinary diagnostic services and ani- 
mal health inspections. AH processing and 
slaughter facilities in the state are inspected by 
the division to insure cleanhness of the operation 
and vvholesomeness of the finished product. The 
division also regulates dog and cat dealers under 
the Animal Welfare Act. 

Mailing Address: 

Veterinary Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Ralcidi, NC 27611 

Telephone: (919) 733-7601 



Mailing Address: 

Rollins Diagnostic Laboratory 

2101 Blue Ridge Road 

P. O. Box 12223 

Cameron Village Station 

Raleigh, NC 27605 

Telephone: (919) 733-3986 

B. Boards and Commissions 

1) North Carolina Agricultural Hall of 
Fame Board of Directors 

The North Carolina Agricultural Hall of 
Fame Board of Directors was created by G.S. 
106-568.14. The eight-member Board of Direc- 
tors is composed of the Commissioner of Agri- 
culture, the Director of the North Carolina 
Extension Service, the State Supervisor of Voca- 
tional Agriculture, the President of the North 
Carolina Farm Bureau, and the Master of the 
State Grange, as ex-officio members, and three 
members appointed by the Governor. 

The Board of Directors is authorized to 
adopt rules and regulations which govern the ac- 
ceptance and admission of candidates to the 
North Carolina Agricultural Hall of Fame Rules 



promulgated 
NCAC 31. 



by the board are codified in 2 



Mailing Address: 

Public Affairs Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-4216 

2) Board of Agriculture 

The Board of Agriculture was created by 
G.S. 106-2. The eleven-member Board of Agri- 
culture is composed of the Commissioner of Ag- 
riculture, an ex-officio member who serves as the 
board's Chairman, and ten members appointed 
by the Governor. 

The Board of Agriculture is a policymaking 
body with respect to the improvement of agri- 
culture and a rulemaking body with respect to all 
programs administered by the Department of 
Agricu!;ure, exclusive of Pesticides, Plant Con- 
servation, Gasoline and Oil Inspection and 
Structural Pest Control. Rules promulgated by 
the board are codified in 2 NCAC. 

Mailing Address: 

Secretary', Board of Agriculture 

N. C. Department of Agriculture 



299 



AORTH CAROLI.\A REGISTER 



STA TEMEMS OE ORGANIZA TION 



P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 

3) Board of Crop Seed Improvement 

The Board of Crop Seed Improvement was 
created by G.S. 106-269. The board promotes 
the development and distribution of pure strains 
of crop seed to North Carolina farmers. The 
board is authorized to adopt rules and regulations 
which relate to the certification of pure crops 
seeds. Rules promuliiated bv the board are cod- 
ified m 2 NCAC 29. ^ 

Mailing Address: 

Board of Crop Seed Impro\ement 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3930 

4) State Farm Operations Commission 

The State Farm Operations Commission 
was created by G.S. 106-26.13. The seven- 
member committee develops policies for the use 
and operation of the State Farm Units. 

.Mailing Address: 

State Farm Operations Commission 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3236 

5) Gasoline and Od Inspection Board 

The Gasoline and Oil Inspection Board was 
created by G.S. 119-26. The five-member board 
is composed of the Commissioner of Agriculture, 
the Director of the Standards Di\ision and three 
members appointed by the Governor. 

The board is authorized to adopt rules and 
regulations which go\em the quality, labeling, 
transportation and inspection of liquid motor 
fuels, kerosene and other heatmg oils. Rules 
promulgated bv the board are codified in 2 
NCAC "42. 

Mailing y\ddress: 

Standards Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephonic: (919) 733-3313 

6) North Carolina Public Fivestock .Market 
Ad\isor\' Board 



The North Carolina Public Livestock Mar- 
ket Advisor,' Board was created by G.S. 
106-407.1. The eight-member board serves in an 
advisory capacity to the Commissioner of Agri- 
culture and the Board of Agriculture on issues 
which relate to the livestock markets and pro- 
poses rule changes related to this area. The 
board also is required to attend any hearing for 
a License to operate a public livestock market. 

Mailing Address: 

Veterinary Division 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7601 

7) Advisor)' Commission for the .Museum 
of Natural Sciences 

The Advisory Commission for the Museum 
of Natural Sciences was created by G.S. 143-370. 
The nine-member commission establishes poli- 
cies for the Museum and works to promote and 
develop the Museum and its resources. 

Mailing Address: 

Museum of Natural Sciences 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7430 

8) Structural Pest Control Committee 

The Structural Pest Control Committee was 
created by G.S. 106-65.23. The five-member 
committee is authorized to adopt rules and regu- 
lations which regulate Structural Pest Control 
activities. The committee is an occupational li- 
censing board with respect to Structural Pest 
Control operators in North Carolina. Rules 
promulgated bv the committee are codified in 2 
NCAC 34. 

The committee has the authority to deny, 
revoke, suspend or modify the license, certified 
applicator's card or identification card of any 
person adjudged to have violated the Law or 
Regulations. 

Mailing Address: 
Secretary', Structural Pest Control 

Committee 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6100 



SORTH CAROLISA REGISTER 



300 



STA TEME.MS OF ORGAMZA TIO.\ 



9) North Carolina I'csticidc Board 

The Pesticide Board was created by G.S. 
143-436. 1 he seven-member board is authorized 
to adopt rules and regiilations which govern the 
nonstructural application, sale, disposal, and reg- 
istration of pesticides and the licensing and cer- 
tification of pesticide applicators. The board is 
an occupational licensing board with respect to 
commercial pesticide applicators and private 
pesticide applicators. Rules promulgated by the 
board are codrtled in 2 NCAC 9L. The board 
has the authonty to access civil penalties against 
any person adjudged to have violated the Law 
or Regulations and to suspend, rc\oke. deny or 
modify the licenses of persons adjudged to have 
violated the Law or Resjulations. 



Mailing Address: 

Plant Protection Section 

N. C. Department of Acriculture 

P. O. Box 27647 

Raleisih, NC 27611 

Telephone: (919) 733-6930 

12) North Carolina Plant Conservation 
Scientific Committee 

The North Carolina Plant Conservation 
Scientific Committee was created by G.S. 
106-202.17. The ten-member committee ser%'es 
in an ad\isory capacity to the North Carolina 
Plant Conservation Board on matters relating to 
plant species classified as either endangered, 
threatened or of special concern. 



Mailing Address: 

Secretary, North Carolina 

Pesticide Board 

N. C. Department of .Agriculture 

P. O. Box 27647 

Raleish, NC 27611 

Telephone; (919) 733-3556 

10) Pesticide Ad\isor\" Committee 

The Pesticide .-\d\isor>' Committee was cre- 
ated by G.S. 143-439. The seventccn-mcmber 
committee is appomted b\ the Pesticide Board. 
The committee ser\'es in an ad\isor\' capacity to 
the Commissioner of Agriculture and the Pesti- 
cide Board on technical questions submitted to 
it and the development of rules and regulations 
which relate to pesticides. 

Mailmg Address; 

Pesticide Advisory Committee 

N. C. Department of .Aariculture 

P. O. Box 2764'? 

Raleigh, NC 27611 

Telephone: (919) 733-3556 

11) North Carolina Plant Conser\ation 
Board 

The North Carolina Plant Conservation 
Board was created by G.S. 106-202.14. Four 
members of the seven-member board are ap- 
pointed by the Governor and the remaining 
members are appointed by the Commissioner of 
.Agriculture. The board is authorized to adopt 
rules and regulations wliich classitV plant species 
as either endangered, threatened or of special 
concern when necessar>', and regulate the handl- 
ing of classified plants. Rules promulgated by 
the board are codified in 2 NCAC 10. 



Mailing Address: 

Plant Protection Section 

N. C. Department of Aericulture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6930 

13) North CaroUna /\gricultural Finance 
Authority 

The North Carolina Agricultural Finance 
Authority was created by G.S. 122D-4. Ihe 
ten-member Fmance Authority is empowered to 
provide capital and credit at interest rates within 
the fmancial means of persons and businesses 
engaged m agriculture and agricultural exports. 

Mailing Address; 

Secretary, North Carolina 

Agricultural Finance Authority 

North Carolina Department of 

Agriculture 

P. OT Box 27647 

Raleiah, NC 27611 

Telephone; (919) 733-7125 

14) North CaroUna Grape Growers Council 

The North Carolina Grape Growers Council 
was created b\ G.S. 106-750. The eleven-mem- 
ber Council is appointed by the Commissioner 
of Agriculture. The Council promotes the 
growth and de\elopment of North Carolina's 
grape and wine industr,". 

-Mailing Address: 

Secretary', North Carolina 

Grape Growers Council 

Markets Division 

North CaroUna Department of 

.Agriculture 

P. CI Box 27647 



301 



.\ORIH CAROLI.XA REGISTER 



STA TEMENTS OF ORGANIZA TION 



Raleigh, NC 27611 
Telephone: (919) 733-7136 

15) Rural Rehabilitation Corporation 
Board of Directors 

The Rural Rehabilitation Corporation 
Board of Directors was created by G.S. 137-31.3. 
The nine-member Board acts as the governing 
body of the North Carolina Rural Rehabilitation 
Corporation which serves as a social and fman- 
cial instrumentality in assisting to rehabilitate 
farm families by enabling them to secure subsis 
tence and gainful employment from the soil. 

Mailing Address: 

Secretary, Rural Rehabilitation 

Corporation 

Fiscal Management Division 

North CaroUna Department of 

Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-2113 

16) Northeastern North Carolina Farmers 
Market Commission 

The Northeastern North Carolina Farmers 
Market Commission was created by G.S. 106- 
720. The nine-member Commission is cm- 
powered to establish a farmers market in ■ 
northeastem North Carolina that will facilitate 
the sale and marketing of agricultural commod- 
ities produced in the area. The Commission also 
ser\es in an advisory capacity to the Commis- 
sioner of Agriculture on the operation of the 
market. 

Mailing Address: 

Chairman, Northeastem North 

Carolina Farmers Market Commission 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 

17) Northeastem Farmers Market Advisory 
Board 

The Northeastem Farmers Market Advisory 
Board was created by G.S. 106-721. The Board 
consists of one member from each of the counties 
ser\ed by the Northeastem North Carolina 
Farmers Market, appointed by the Commis- 
sioner of Agriculture. The Board serves in an 
advisor}' capacity to the Northeastem North Ca- 
rolina Farmers Market Commission. 



Mailing Address: 
Secretary, Northeastem Farmers 

Market Advisory Board 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 

18) Southeastern North Carolina F^'armers 
Market Commission 

The Southeastem North Carolina Farmers 
Market Commission was created by G.S. 106- 
727. The nine-member Commission is em- 
powered to estabhsh a fanciers market in 
southeastem North Carolina that will facilitate 
the sale and rnarketing of agricultural commod- 
ities produced in the area. The Commission also 
serves in an advisory capacity to the Commis- 
sioner of Agriculture on the operation of the 
market. 

Mailing Address: 

Chairman, Southeastem North Carolina 

Farmers Market Commission 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 

19) Southeastem Farmers Market Advisory 
Board 

The Southeastem Farmers Market Advisory 
Board was created by G.S. 106-728. The Board 
consists of one member from each of the counties 
served by the Southeastem North Carolina 
Farmers Market, appointed by the Commis- 
sioner of Agriculture. The Board serves in an 
advisory capacity to the Southeastern North Ca- 
rolina Farmers Market Commission. 

Mailing Address: 
Secretary, Southeastem Farmers 

Market Advisory Board 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 

NORTH CAROLINA OFFICi: OF IHE 
SIATF ALDFl OR 

The State Auditor is an elected official of the 
State of North Carolina. Me is the administrative 
head of the State Auditor's Office and is a mem- 
ber of the Council of State. 

The Auditor's Office is responsible for fi- 
nancial and legal compliance audits for all state 



NORTH CAROLINA REGISTER 



302 



STA TEMENTS OF ORGANIZA HON 



departments, institutions and clerks of court. 
An important part ol the audit function is the 
aniuud audit of the general purpose financial 
statements included in the State of North 
C;irolina's comprehensive annual fmancial re- 
port. This report is widely circulated throughout 
the nation and is heavily relied upon by bond- 
holders and federal authorities. 

Audits are conducted in conformity with 
G.S. 147 and the Federal Single Audit Act of 
1984. They are accepted as meeting the neces- 
sary standards of the various inspectors general 
of federal grantor agencies. 

In addition, the State Auditor's Office audits 
state programs and activities and reports on their 
economy, eiTicicncy and whether they achieve 
results intended. 

The audit stall is supervised by two deputies, 
and audit director and five audit managers. It 
has a stall of 135 professionals. 

The State Auditor also administers the 
North Carolina Firemen's and Rescue Squad 
Workers' Pension Fund. The fund has a current 
membership of approximately 22,000 active and 
4,000 retired members. 

NORTH CAROLINA DEPARTMENT OF 
COMMERCE 

The Department of Commerce was estab- 
lished as part of the State Government Reorgan- 
ization Act of 1971. At that time, the 
Department consisted almost entirely of regula- 
tory' agencies and Fmployment Security Com- 
mission. 

In \^11 , the economic de\'elopment di\i- 
sions, state ports, and energy programs were 
merged into the Department of Commerce. 
Thus, for the first time, all major state govern- 
ment programs designed to develop and promote 
economic development in North Carolina were 
consolidated within one department. 

The regulatory agencies use their authority 
independently of the Commerce department, in- 
cluding holding hearings and engaging in rule 
making. The department pro\ides administrati\c 
services for those regulatory agencies. 

/Vmong the Department's most important 
non-regulatory agencies are its fi\e F'conomic 
De\-elopment F)ivisions. Supervised by the Sec- 
retary and the North Carolina Board of I-co- 
nomic Development, the divisions are also 
directed to assist the Department's Assistant 



Secretan,' for Traditional Industry. The divisions 
are: 

Busincss/Industrj Dcvelopmcnf Division. 

Thjs division is North Carolina's lead industrial 
recruitment and business assistance agency. Its 
staff works closely with other public and private 
development organizations to encourage the 
growth and expansion of North Carolina's exist- 
ing companies, as well as to attract new industries 
to the state. The Division operates a statewide 
office in Raleigli and eight regional field offices. 

International Division. As its name implies, 
the department's International Division is pri- 
marily responsible for North Carolina s foreign 
trade and industrial recruitment activities. With 
representatives in Tokyo, Japan and Dusseldorf, 
West Germany, the division helps foreign firms 
interested in estabhshing new business operations 
in North Carolina, and assists Tar Heel firms in 
marketing products and services overseas. 

Small Business Development Division. 

WTiile the Business industry' Development Divi- 
sion works with existing firms. Commerce's 
Small Business Development Division acts to 
encourage the groulh and development of new 
businesses and smaller firms that are already op- 
erational. Fhe division operates a clearinghouse 
for small business mlormation and referrals, and 
serves as an advocate for small business concerns 
in government policy making. The Division's 
Office of Minority Business Development helps 
minority-owned firms and certifies firms for the 
state's purchasing program to assist minority-, 
women-, and disabled-owned enterprises. 

Travel and Tourism. Operates as a Chamber 
of Commerce for the entire state. The division 
promotes North Carolina as a vacation destina- 
tion. The purpose of the division is to increase 
travel expenditures in North Carolina, create ad- 
ditional employment and personal income for 
those employed by the Travel Industry, and to 
strengthen the overall economy of the state. This 
is achieved by conducting the state travel adver- 
tising campaign, servicing travel inquires, and 
producing a public relations program on behalf 
of the state. 

Film Office. Fstablished in 1980 to encour- 
age and assist motion picture and television pro- 
duction activity throughout the state, the office 
operates as a specialized unit of economic devel- 
opment under the direction of the Secretary'. 
Primary' targets of the office s recruitment pro- 
gram arc major Holl>'vvood studio productions, 
television commercials, and independent theatri- 
:al and television films. 



MK^ 



.\OKTH CAROU.XA REGISTER 



STA TEMENTS OF ORGANIZA TION 



: 



Other non-regulatory agencies housed 
within the Department of Commerce and im- 
portant to North Carolina's overall economic 
development are: 

Stale Ports Authority. North Carolina op- 
erates state ports at Wilmington and Morehead 
City and leases operation of a small harbor at 
Southport as well as the Charlotte Intermodal 
Terminal m Charlotte. Ships from most of the 
world bring or pick up goods at the Morehead 
City and Wilmington Ports. Under the direction 
of the Secretary' and The State Ports Authority 
Board, the State Ports Authority promotes the 
use of North Carolina's ports, oversees con- 
struction of facilities at the ports, and operates 
ports ser\ices, such as cranes to unload the goods 
off the ship. 

Energy Division. Duties and responsibihties 
are to serve as the principal agency in state gov- 
ernment to promote energy efficiency, prepare 
and implement emergency energy plans, prepare 
energ\' forecasts, provide energy information, 
support the Energ\' Policy Council, and provide 
energy pohcy support to the Governor. 

Employment Security Commission. Admin- 
isters the North Carolina Employment Service, 
North Carolina's unemployment insurance pro- 
gram, and prepares labor market information. 

The Commission's Employment Service 
provides job placement services to all members 
of the public, including interviewing, counseling, 
testing, job development, and referral. Special- 
ized services are available to the handicapped, the 
aged, youth, veterans, and to migrant and sea- 
sonal farm workers. The Employment Service 
is also involved in the administration of such 
federal programs as Work Incentive (WIN), Vet- 
erans Employment Service (VES), and the Job 
Training Partnership Act (JTPA). 

The unemployment insurance program pro- 
vides benefits to workers unemployed through 
no fault of their own. The ESC determines en- 
titlement to benefits and makes payments to eU- 
gible claimants. The agency also administers 
federal unemployment insurance programs such 
as Federal Supplemental Benefits (FSB); Special 
Unemployment Assistance (SUA); Unemploy- 
ment Compensation for Federal Employees 
(UCFE), and others. 

The Uabor Market Information division of 
ESC statistical department compiles figures on 
unemployment and employment in wages, pro- 
jected occupational needs, and other data. This 



information is used by federal and state officials, 
planners, and prospective employers for a variety 
of purposes. 

Technological Development Authority. 

Provides direct seed capital fmancing for North 
Carolina small businesses developing new or im- 
proved products and processes. The authority 
also provides direct grants to nonprofit commu- 
nity-based organizations establishing small busi- 
ness 'incubator' facilities designed to house and 
support new small businesses in their earliest 
stages of development. 

REGULATORY AGENCIES 

Regulatory agencies housed in the Depart- 
ment of Corrmierce include: 

Alcoholic Beverage Control Commission. 

Responsible for controlling all aspects of the sale 
and distribution of alcoholic beverages in North 
Ccirolina. The State's system is unique among 
the 50 states because of more than 152 separate 
county and municipal ABC Boards which are 
responsible for the sale of alcohoHc beverages in 
the counties of cities or the State. In each case 
a vote of the people was required to establish the 
system. 

Banking Commission. Regulates and su- 
pervises the activities of the 49 banks and their 
874 branches chartered under the laws of North 
Carolina. The Commission is responsible for the 
safe conduct of business; the maintenance of 
public confidence; and the protection of the 
banks' depositors, debtors, creditors, and share- 
holders. The staff of the Office of Commissioner 
of BarJcs conducts examinations of all state- 
chartered banks and consumer fmance licensees; 
processes applications for new banks, apphca- 
tions for branches of existing banks, and all ap- 
plications for licenses. In addition, the Office of 
Commissioner of Banks supervises the state's 
bank holding companies. Sale of Checks Act h- 
censees, and pre-need burial trust fund licensees. 

Burial Commission. Supervises and audits 
280 North Carolina mutual burial associations, 
which have approximately one-half million 
members. A mutual burial association is a non- 
profit corporation that pays a limited amount 
toward burial expenses. 

Cemetery Commission. Regulates and su- 
pervises the activities of cemeteries, cemeter>' 
management organizations, cemetery sales or- 
ganizations, cemetery' brokers, and individual 
pre-need cemeterv" sales people licensed under the 
laws of North Carolina. Its principal function is 



SORTH CAROLINA REGISTER 



304 



STA TEMENTS OF ORGAMZA TION 



to conduct examinations of all licensed ceme- 
teries. It also authorizes the establishment of and 
licenses cemeteries, cemetery sales organizations, 
cemeter>' management orgamzations, cemetery 
brokers, and pre-need salespeople. 

Credit Union Commission. Supervises and 
regulates the operations of 192 state chartered 
credit unions, which sene over 450,000 mem- 
bers. Its staff conducts annual examinations of 
all credit unions to insure proper bookkeeping 
and compliance with the law. 

Industrial Commission. Administers the 
\\'orkers' Compensation Act (NC G.S. 97-1, et 
seq. ); the State Tort Claims Act (NC G.S. 
143-291. ct seq. ); and the Law Enforcement 
Officers . Firemen's and Rescue Squad Workers' 
Death Benefit Act (NC G.S. 143-166.1, et seg^ 
). Additionally, the Commission has been 
charged with the responsibility for administering 
the Childhood \'accine- Related Injury^ Compen- 
sation Program (NC G.S. 130-422, et seq. ), ef- 
fective October 1, 1986. The Commission 
administratively handles approximately 200,000 
claims per year and conducts trials in nearly 5,000 
contested claims annuaUy. 

Milk Commission. Formed in 1953, the 
Commission has the priinar,' responsibility of 
assuring that an adequate supply of wholesome 
milk is a\'ailable to the state's citizens. To ac- 
complish this, the Commission has been given 
the authonty to regulate the production, market- 
ing, and distribution of milk. The Commission 
establishes the minimum prices milk producers 
are paid for raw rrulk. 

Rural Electrification .\uthority. Supervises 
28 electric mcmbersliip corporations and 9 tele- 
phone membership corporations in the state to 
see that thc>' apply their rules and regulations on 
a non-discnmmatory basis to indi\idual North 
Carolinians. It also acts as an ombudsman for 
member complaints and as the Uason between 
the membersliip corporations and the United 
States Rural Flectrification Administration for 
federal loans. .AU loan appUcations must first 
have the approval of the North Carolina Rural 
Electrification Authority Board before they can 
be considered by the federal Rural Electrification 
Administration. 

Savinjjs and Loan Commission. Regulates 
and supervises savings and loan associations 
chartered under the laws of North Carolina. Its 
principal functions are to supervise and to ex- 
amme all state-chartered savings and loan asso- 
ciations and to process applications for new 
charters, branches, mergers, and acquisitions. 



Utilities Commission. Regulates rates of 
various utilities. It also investigates customer 
complaints regarding utility operations and ser- 
vices. The seven member Commission has ju- 
risdiction over public electric, telephone, natural 
gas, water and sewer companies, passenger carri- 
ers, freight carriers, and railroads. 

Utilities Commission Public Staff. Created 
by the legislature in 1977, the Public Staff re- 
presents customers in rate cases and other utilities 
matters. This independent staff appears before 
the Commission as an advocate of the using and 
consuming public. 

Together, the Commerce Department's reg- 
ulatory and non-regulatory agencies now employ 
approximately 2,600 workers; roughly 2,000 of 
these are housed in the Employment Security 
Commission. The Department's annual budget, 
not including Emplovment Securitv, totals 
around $70,00l),000, roughly $9,250,000 of which 
is federal funds. The Employment Security 
Commission, which is funded entirely by the 
federal government, operates on an annual 
budget of approximately $67,000,000. 

In summary, the North Carolina Depart- 
ment of Commerce serves the public in a variety 
of ways. 

By recruiting new industr>% encouraging the 
development of small businesses and other exist- 
ing fums, and promoting tourism and interna- 
tional trade, the Department encourages the 
creation of new jobs and other forms of eco- 
nomic opportunity which contribute to North 
Carolina's o\'crall quality of life. 

Through the Employment Security Com- 
mission, the Department administers North 
Carolina's unemployment insurance program 
and pro\ides free job placement services for 
North Carolina citizens. 

Finally, Commerce's regulatory agencies 
work to assure fair and equitable treatment for 
consumers and producers throughout the state's 
economy. 

ROVRDS WITHIN TlIF DKP.ARTMFNT OF 
COM.MFRCF 

ALCOHOLIC BEVFR.\GE CONTROL CO.\LMlSSIO.N 

(G.S. 18B200, 18B-203) 

Purpose: Administer the ABC laws; 
Provide for enforcement of the .A.BC laws, 
i". conjunction with the ALE Di\ision; 



305 



NORTH CAROLINA REGISTER 



STA TEMENTS OF ORGANIZA TION 



Set the prices of alcoholic beverages sold in 
local ABC stores as provided in Article 8; 

Require reports and audits from local boards 
as provided in G.S. 18B-205; 

Determine what brands of alcoholic bever- 
ages may be sold in this state; 

Contract for State ABC warehousing as 
provided m G.S. 18B-204; 

Dispose of damaged alcoholic beverages, as 
provided in G.S. 18B-806; 

Remove for cause any member or employee 
of a local board; 

Supervise or disapprove purchasing by any 
local board and inspect all records of purchases 
by local boards; 

Approve or disapprove rules adopted by any 
local board; 

Approve or disapprove the opening and lo- 
cation of ABC stores as provided in Article 8; 

Issue ABC permits and impose sanctions 
against permit holders; 

Provide for the testing of alcoholic beverages 
as provided in G.S. 18B-206; 

Fix the amount of bailment charges and 
bailment surcharges to be assessed on liquor 
shipped from a Commission warehouse; 

Collect b;ulment charges and bailment sur- 
charges from local boards; 

Notwithstanding any law to the contrary, 
enter into contracts for design and construction 
of a warehouse of warehouses and super\ise 
work and materials used in the construction as 
provided m G.S. 18B-204. 



Composition: 

Governor. 



3 members appointed by 



Term: 4 years. 

STATE BANKING COMMISSION 
(G.S. 53-92) 

Purpose: On request, provide for hearings 
before the Commission in connection with 
banking laws. 

Supervise, direct and review the actions of 
the Commissioner of Banks. 

Composition: 12 appointed by Governor 
(five are practical bankers and seven represent the 
borrowing public), 1 appointed by General As- 
sembly upon recommendation of President of the 
Senate (practical banker), 1 appointed by Gen- 
eral Assembly upon recommendation of Speaker 
of the House of Representatives (representing the 
borrowing public) and 1 ex officio (State Treas- 
urer). 

Term: 4 years. 

Officers: Chairman is State Treasurer. 

NC MUTUAL BURIAL ASSOCIATION COMMISSION 

(BURIAL CO.VIMISSION) 

(G.S. 58-241.8) 

Purpose: Supervise all burial associations 
authorized to operate in NC, to determine that 
such associations are operated in confonnity. 

To assist the Burial Association Adminis- 
trator with prosecution of violations. 

Counsel and advise the Administrator in 
performance of his duties and to protect the in- 
terest of members of Mutual Burial Associations. 



Term: Pleasure of Governor. 

Officers: Chairman designated by the Gov- 
ernor. 

COMMISSIONER OF BANKS 

(G.S. 53-92) 

Purpose: To charter, license, and supenise 
state-chartered banks, industrial banks, trust 
companies, consumer finance Ucensees, pre-need 
burial licensees, and sale of checks act licensees. 

To take charge of or to close insolvent 
banks, industrial banks, and trust companies. 

To sue or defend in actions necessary or 
proper to the discharge of his office. 

lo exercise powers under supervision of 
Banking Commission. 

To keep records of all official acts, ruhngs, 
and transactions. 

Composition: Appointed by Governor. 
General Assembly confirmation required. 



Composition: 5 members - 1 appointed by 

Governor and 4 elected by Burial Associations 
(authorized by the Statutes.) 

Term: 5 years. 

Officers: Chairman is elected by Commis- 
sion. Secretary - Burial Association Administra- 
tor. 

CAPE FEAR RIVER NAVIGATION AND PILOTAGE 

COMMISSION 

(G.S. 76-1) 

Purpose: Make and establish rules and reg- 
ulations for the qualifications, arrangements, and 
stations of pilots. 

To prescribe, reduce and limit the number 
of pilots necessary to maintain an effective pilo- 
tage service for the Cape Fear River and Bar. 

To organize all pilots licensed by it into a 
mutual association. 

Fxamination and hcensing of pilots for the 
Cape Fear River and Bar. 



i\ORrH CAROLINA REGISTER 



306 



STA TEMENTS OF ORGANIZA TION 



Appoint and regulate pilots' apprentices. 

Grant permission to any pilot in good 
standing and authorized to pilot vessels, to run 
regularly as pilots on steamers running between 
the port of Wilmington and other ports of the 
U.S. 

Cancel licenses. 

To hear and determine any matter of dispute 
between pilots and masters of vessels or between 
pilots themselves. 

Retire pilots from active service. 

Composition: 5 members appointed by 
Ciovcmor. (At least 4 residents of New Hanover 
county and none shall be Ucensed pilots.) 

Term: 4 years. 

Officers: Chairman designated by the Gov- 
ernor to serve at his pleasure. 

CFMETERY COMMISSION 
(G.S. 65-50) 

Purpose: To regulate and supervise the ac- 
tivities of cemetery companies, cemetery sales 
and or management organizations, cemetery 
brokers and individual scllmg pre-need cemetery 
property that comes within the jurisdiction of the 
NC Cemetery^ Act. 

Composition: 7 members - appointed by 
Governor. (2 owners or managers of cemeteries 
in NC, 2 public members who have no financial 
interest in and are not involved in management 
of any cemetery or funeral related business, 3 
members selected from 6 nominees submitted by 
the NC Cemetery Association.) 

Term: 4 years. 

Officers: Chairman and Vice Chairman 
elected b\ Commission. 

CREDIT LMON COMMISSIO.N 

(G.S. 143B-439) 

Purpose: Review, approve or modify any 
action taken by the administrator of Credit Un- 
ions. 

To hear an appeal from a ruling order or 
decision of the Administrator which any credit 
union feels aggrieved. 

To fix a date, time, and place for heanng of 
the appeal and serve notice upon the Adminis- 
trator. 

Composition: 7 members appointed by 
Governor. (3 with at least 3 years of experience 
as Credit Union Directors or in management of 
State-chartered Credit Unions. No 2 persons 



shall be residents of the same senatorial district, 
no person shall be on a Board of Directors or 
employed by another type of financial institution, 
and no person shall serve on the Commission for 
more than two complete consecutive terms.) 

Terms: 4 years. 

Officers: Chairman elected by and from 
membership. 

ECONOMIC DEVELOPME.NT BOARD 
(G.S. 1438-434) 

Purpose: Formulate a program for the eco- 
nomic development of the State of NC and assist 
the Secretary of Commerce in carrying out his 
duties and powers in matters relating to existing 
industry, the recruitment of industry and the ex- 
pansion of the travel and tourism industries. 

Members serve on four committees: Travel 
and Tourism (3490), International Committee, 
Business Assistance Committee, Industrial 
Committee. 

Composition: 25 members appointed by 
Governor, Ut. Governor and the Speaker of the 
House. 

Term: 4 years. 

Officers: Chairman and Vice Chairman de- 
signated by the Governor. Secretary of Com- 
merce serves as Secretary. 

EMPLOYMENT SECURITY COMMISSION 

(G.S. 96-3) 

Purpose: To reduce and prevent unem- 
ployment. 

To encourage and assist In the adoption of 
practical methods of vocational training, retrain- 
mg and guidance. 

To investigate, recommend, advise and assist 
in the estabhshment and operation of reserves for 
public works to be used Ln times of business de- 
pression and unemployment. 

To promote the reemployment of unem- 
ployed workers. 

To distribute the Commission's regulations, 
general rules and its biennial reports to the Gov- 
ernor. 

Composition: 7 members appointed by 
Governor, one of whom is designated by the 
Governor as Chaimian. 

Term: 4 years for Commissioners; Chair- 
man serves at the pleasure of the Governor. 



^lr 



\()RTH CAROl I\A RFCilSTER 



STA TEMENTS OF ORGANIZA TION 



Officers: 

GoN'cmor. 



Chairman is appointed by the 



EMI'LOYMENT SECURITY COMMISSION 

ADVISORY COUNCIL 

IG.S. 96-4(e)l 

Purpose: Aid the Employment Security 
Council in forming policies and discussing prob- 
lems related to the administration of Employ- 
ment Security, and in assuring impartiality and 
freedom from political influence in the solution 
of such problems. 

Composition: No specified number of 
members appointed by Governor. (An equal 
number of employees and employers who repre- 
sent the State because of their vocation, employ- 
ment or affiliation. Public members may be 
designated.) 

Term: Pleasure of Governor. 

ENERGY POLICY COUNCIL 

(G.S. 113B-3) 

Purpose: To develop and recommend to the 
Governor a comprehensive long-range State en- 
erg}' policy to achieve maximum effective man- 
agement and use of present and future sources 
of energ)'. 

To conduct an ongoing assessment of the 
opportunities and constraints presented by vari- 
ous uses of all forms of energy and to encourage 
the efficient use of all such energy. 

To continually review and coordinate all 
State go\emment research, education, and man- 
agement programs and educate and inform the 
general public. 

To recommend to the Governor and to the 
General Assembly needed energy legislation and 
the changes for implementation. 

Composition: 18 members - 9 appointed by 
Governor; 2 by the President of Senate, 2 by the 
Speaker of the House, and 5 Fx officio. (2 Rep- 
resentatives, 2 Senators, 1 experienced in the 
electric power industry, 1 experienced in the na- 
tural gas industry, 1 petroleum marketing indus- 
tr> , 1 economic analysis of cnerg>' requirements, 
1 environmental protection, 1 industrial energy 
consumption, 1 alternative sources of energy, 1 
city government, and 1 county government. Ex 
officio - Chairman of NC Utilities, Commis- 
sioner of Agriculture, Secretary of Natural Re- 
sources and Community Development, 
Secretaries of Commerce and Administration or 
their designees'). 

Icrm: 4 years. 



Officers: Chairman appointed by Gover- 
nor. Vice Chairman elected from and by mem- 
bership. 

HAZARDOUS WASTE TREATMENT COMMISSION 
(G.S. 143B-470) 

Purpose: To provide for siting, construction 
and operation of comprehensive hazardous waste 
management facilities for cost-effective treatment 
and disposal of hazardous waste consistent with 
public health and safety and maintenance of the 
environment. 

Seek communities interested in hosting haz- 
ardous waste treatment facilities and private op- 
erators of hazardous waste treatment facilities 
and present appropriate sites to those operators. 

If no permit to operate treatment facility 
granted to operator by April 1, 1987, begin pro- 
ceedings to purchase, or if necessary condemn, 
property for treatment facility site(s) under the 
State's power of eminent domain, and seek pri- 
vate operators to construct facility on such 
site(s). 

If no permit to operate a hazardous waste 
treatment facility granted to operator by Sep- 
tember 1, 1987, submit plans to General Assem- 
bly for construction of a facility and seek private 
operator, and if no private operator can be found, 
operate the facility. 

Issue bonds and other notes of obligation. 

Composition: 9 members, 3 appointed by 
the Governor, 3 by the Lt. Governor, and 3 by 
the Speaker of the House. Members of the 
General Assembly may not ser\'e on the com- 
mission and no member may ser\'e more than 
two consecutive four year terms. 

Term: 4 years. 

Officers: Chairman and Vice Chairman 
appointed by Governor to serve at his pleasure. 

INDUSTRIAL COMMISSION 

(G.S. 97-1 et scq.) 
(G.S. 143-291 ct scq.) 
(G.S. 143-166.1 et seq.) 

Purpose: The Industrial Commission ad- 
ministers the Workers' Compensation Act; the 
State Tort Claims Act; the Law Enforcement 
Officers', Firemen's and Rescue Squad Workers' 
Death Benefit Act; and the Childhood Vaccine- 
Related Injury compensation Program. 

The Commission admini5trati\ely processes 
non-contraverted matters under the various Acts 
and ser\'es as a court in the hearing of contested 
matters arising under the same statutes. 

Composition: 3 members appointed by 
Governor. The Commission employs Deputy 



\ORTfJ CAROL l.\A REGISTER 



308 



STA TLMENTS OF ORGANIZA HON 



Commissioners, who are subject to the State 
Personnel Act. The Deputy Commissioners 
hold hearings and render decisions in contested 

cases. 

Term: Commissioners serve 6 year terms, 
with one of the three terms expiring every two 
years. 

Officers: Chairman is appointed by and 
serves at the pleasure of the Governor. 

MILK COMMISSION 
(G.S. 106-266.7) 



Composition: 3 residents of Carteret County 
appointed by Governor (none shall be licensed 
pilots or immediate family) and representative 
maritime interests serving as ex officio, non-vot- 
ing member. 

Term: 3 years. 

Officers: Chairman designated from voting 
membership by Governor. 

N.C. NATIO.NAL PARK, PARKWAY A.\D 

FOREST DEVELOPME.NT COUNCIL 

(G.S. 143B-447) 



Pur|K)sc: To assure that an adequate supply 
of milk is available to the citizens of the state, the 
Milk commission is empowered to regulate the 
production, distribution, and sale of milk for 
consumption in the state. 

Composition: 10 members - 3 appointed by 
Governor (2 public and 1 retailer); 2 by the 
General Assembly upon recommendation of the 
L.t. Governor (1 public and 1 producer who 
markets to a cooperative plant); 2 by the General 
Assembly upon recommendation of the Speaker 
of the Mouse (1 public and 1 processor-distribu- 
tor representing a proprietary plant); 3 by the 
Commissioner of Agriculture (1 pubUc, 1 pro- 
cessor-distnbutor representing a cooperati\e 
plant and 1 producer who markets to a propne- 
tary plant). 

Term: 4 years, except appointments by the 
General Assembly upon recommendation of the 
Speaker of the House, two years. 



Officers: 

mission. 



Chairman is elected bv the Com- 



MOREIIEAI) CITY NAVUiATION AM) PILOTAGE 
COMMISSION 

(G.S. 76-1) 

Purpose: Make and establish rules and reg- 
ulations for the qualification, arrangements, and 
stations of pilots. 

To govern the number of pilots necessary to 
maintain an effective pilotage ser\ice for the 
Morehead City Harbor and Beaufort Bar. 

Examination and licensing of pilots for the 
Morehead I larbor and Beaufort Bar. 

Appoint and regulate pilots' apprentices. 

Set charges for pilotage rates. 

Cancel and suspend licenses. 

To have jurisdiction over any matter of dis- 
pute between pilots or matters related to naviga- 
tion in regulated areas. 

Retire pilots from acti\c service. 



Purpose: To promote the development of 
that part of the Smoky Mountains National Park 
lying in NC; the completion and development of 
the Blue Ridge Parkway and the development of 
Nantahala and Pisgah national forests. 

To study the development of these areas and 
to recommend a policy that will promote the 
entire mountain section of NC with emphasis 
upon scenic and recreational resources and the 
encouragement of the location of federal govern- 
ment and governments of adjoining states about 
federal areas and projects in this section. 

Advise and confer with interested individuals 
and organizations. 

Study the need for additional entrances to 
the Great Smoky Mountains National Park and 
file them with the National Park Ser\'ice of the 
federal government and the NC Departments of 
Transportation and Commerce. 

Composition: 7 members appointed by 
Governor. ( 1 resident from each of the foUowing 
counties: Buncombe, Haywood, Jackson and 
Swain. 3 residents of counties adjacent to the 
Blue Ridge Parkway, the Great Smoky Moun- 
tain National Park or the Pisgah or Nantahala 
National Forests). 

Term: 4 years. 

Officers: Chairman elected by Commission. 

PORTS AUTHORITY 
(G.S. 143B-452) 

Purpose: Promote, develop, construct, 
equip, maintain, and operate the harbors and 
seaports within the State of within the jurisdic- 
tion of the state. 

To aid the shipment of freight and com- 
merce through the ports. 

To increase the movement of waterbome 
commerce, foreign and domestic, to and through 
and from the harbors and ports. 



309 



\OR TH CA R OL ISA REGIS TER 



STA TEMENTS OF ORGANIZA TION 



Composition: 1 1 members - 7 appointed by 
Governor; 2 by the Lt. Governor; and 2 by the 
Speaker of the House. (No member shall live in 
a House or Senate District containing a port. 
Speaker and Lt. Governor's appointees each 
serve 2 years.) 

Term: 6 years. 

Officers: Chairman and Vice Chairman 
appointed by Governor. 

PORTS RAILWAY COMMISSION 
(G.S. 143B-469) 

Purpose: To operate and control all railway 
equipment and railway operations transferred to 
it by the State Ports Authority. 

To make agreements as to scale of wages, 
seniority and working conditions with railroad 
employees. 

To apply for and accept loans. 



5 members appointed by the 



Composition: 

Governor. 

Term: 4 years. 



Officers: Chairman designated by the Gov- 
ernor to serve at his pleasure, Vice Chairman 
elected by and from membership, general man- 
ager selected by the commission with the ap- 
proval of the Governor. 

RURAL ELECTRIFICATION 

AUTHORITY 

(G.S. 117-1) 

Purpose: To secure electrical and telephone 
service for the rural districts of the State where 
service is not now being rendered. 

To review, approve, disapprove or cause to 
have modified all loan applications from the 28 
rural electric and the nine rural telephone coop- 
eratives prior to their submission to the federal 
Rural Electrification Administration. To re- 
spond to all complaints of consumers receiving 
service from these electric and telephone systems. 



5 members appointed by 



Composition: 

Governor. 

Term: 4 years. 



Officers: Chairman and Secretary are 
elected by the Board. 

SAVINGS AND LOAN COMMISSION 
(G.S. 54-24-1) 



Purpose: To review, approve, disapprove 
or modify any action taken by the Administrator 
of Savings and Loan Division. 

Advise and assist the Administrator. 

Review recommendations of the Adminis- 
trator regarding each application for permission 
to establish a new savings and loan association 
in the State and by majority vote approve or di- 
sapprove the recommendations of the Adminis- 
trator. 

Composition: 7 members appointed by 
Governor. (2 members currently serving as 
managing officers of state associations. At least 
4 members representatives of the borrowing 
public and not employees or directors of any fi- 
nancial institution). 

Term: 4 years. 

Officers: Chairman and Vice Chairman are 
elected by the Commission. 

SEAFOOD INDUSTRIAL PARK AUTHORITY 
(G.S. 113-315.25) 

Purpose: To develop and improve Wanch- 
ese Seafood Industrial Park and other such 
places, including inland ports and facilities for a 
more expeditious and efficient handling of sea- 
food commerce. 

To acquire, construct, equip, maintain, de- 
velop, and improve the port facilities. 

Stimulate the shipment of seafood com- 
merce through these ports, including the investi- 
gation and handling matters of transportation 
rates and rate structures. 

To generally aid in the development and 
improvement of seafood industrial parks of the 
State of NC and to increase the movement of 
waterbome seafood commerce, foreign and do- 
mestic, to, through and from seafood industrial 
parks. 

Composition: 1 1 members - 9 appointed by 
Governor; 1 by President of the Senate; and 1 
by the Speaker of the House (1 Senator, 1 Rep- 
resentative, 1 resident of village or town where 
park is located, 2 members from area where park 
is located, 5 at-large who represent other sections 
of State, no less that 5 members from coastal 
counties). 

Term: 4 years. 

Officers: Chairman and Vice chairman are 
appointed by Governor. 

TECHNOLOGICAL DEVELOPMENT AUTHORITY 
(G.S. 143B-471) 



\ORTH CAROLINA REGISTER 



310 



STA TEME.XTS OF ORGAMZA TIO.\ 



Purpose: to increase the rate at which new 
jobs are created in all regions of the state by sti- 
mulating the de\clopment of existing and new 
small businesses. 

Apply for and accept grants of money from 
the United States, the State of North Carolina, 
or any pohtical subdivision thereof, or from any 
person, corporation, foundation or trust. 

Establish 'incubator' facilities to house and 
support small business concerns which are be- 
ginning, and to make one-time matching grants 
(not to exceed $200,000) to nonprofit corpo- 
rations aflHiated with local colleges, universities 
and technical institutes to aid in the creation of 
such facilities. 

To provide equity fmancing for the research 
acti\ities of new and existing small businesses 
leading to the development of new or improved 
products or sen.'ices. 

To make agreements with recipient busi- 
nesses to ensure proper use of Authority awards 
and receipt of royalties, where appropriate. 

Composition: 12 members, 8 appointed by 
the Go\emor, 2 by the Lt. Governor, and 2 by 
the Speaker of the House. Consideration given 
to qualifications in technical fields as well as ex- 
perience in entrepreneurial business and capital 
formation. 

Term: 4 years, except 2 years for Speaker's 
appointments. No members may serve more 
than two complete, consecutive four year terms. 

Officers: Chairman designated by Go\emor 
to sen,'e at his pleasure. \'ice chairman elected 
from and by membership. 

LTII ITIFS COMMISSION 

(G.S. 62-10) 

Purpose: Exercise the power and authority 
to supenise and control the public utihties of the 
State. 

Supcr\isc the rates charged and ser\'ice ren- 
dered by all public utilities m the state. 

Employ quahficd personnel to serve as 
members of its staff. 

CompMjsition: 7 members appointed by 
governor with General Assembly confirmation. 

Term: S years. 

Officers: Chaiiman appointed by Go\emor 
e\er>' four years. 

LTILITIFS COMMISSION 

(PUBLIC ST.\FF) 

(G.S. 6M5) 



Purpose: Review, in%'estigate, intervene, and 
make recommendations to the Commission re- 
lating to matters affecting the using and con- 
suming public. 

Composition: 78 employees, Executive Di- 
rector appointed by Go\'emor with General As- 
sembly confirmation. Executive Director hires 
employees, including professional, admmistra- 
tive, technical, and clerical personnel. 

Officers: Executi\e Director serving 6 year 
term. 

The following information is the process a 
citizen of North Carolma could seek information 
from the various divisions and agencies in the 
Department of Commerce: 

Utilities Commission, 430 N. SaKsbury St., 
Raleigh, NC 27611, Contact Person, Bob 
Wells*, 733-4249; Utihties Commission- Pubhc 
Staff, 430 N, SaHsbur>- St., Raleigh, NC 27611, 
Contact Person, Robert Gruber, 733-2435; In- 
dustrial Commission, 430 N. SaUsbun' St., Ra- 
leieh, NC 27611, Contact Person, Phil Wilson, 
733-4820; Bankme Commission, 430 N. Salis- 
bury St., Raleigh, NC 27611. Contact Person, 
Doris Perr>", 733-3016: Sa\-ings and Loan Com- 
mission; 430 N. Sahsbur,' St., Raleigh, NC 
27611, Contact Person, Ron Raxter, 733-3525; 
Credit L nion Commission, 430 N. Salisbury St., 
Ralcieh, NC 27611, Contact Person, Rov 
High**, 733-7501; Milk Commission, 430 N, 
Saiisbur,- St., Raleigh, NC 27611, Contact Per- 
son, Grady Cooper, 733-3733: Rural Electritica- 
tion Authoritv, 430 N. Salisbury St., Raleigh, 
NC 27611. Contact Person, Axch Hathcock, 
733-7513; Mutual Burial Assoc. Commission, 
430 N. Sahsbur." St., Raleigh, NC 27611, Con- 
tact Person, Virginia Harris, 733-3403; Cemeten' 
Commission. 430 N. SaUsbury' St., Raleitdi, NC 
27611, Contact Person, Bill Gladden, 733-4915; 
.Alcoholic Be\'erage Control Commission. 3322 
Old Gamer Rd.. Raleigh, NC 27610, Contact 
Person, .Ann Eulton. 779-0700; Energy' Division, 
430 N. SaUsbur)- St., Raleigh, NC 27611, Con- 
tact Person, Chris Mogensen, 733-2230; Em- 
ployment Security Commission, 700 \\'ade Ave., 
Raleigh, NC 27605, Contact Person, Tom 
Whitaker, 733-7546. 

♦Through June 30. 1987 
**Throagh August 31, 1987 

NORTH CAROLINA DEPARTMENT OF 
CORRECTION 

The North Carolina Department of Cor- 
rection is authorized under .Article III, Section 
1 1 of the Constitution of North Carolina as a 



.■;// 



yORTH C A ROUS A REGISTER 



STA TEMENTS OF ORGANIZA TION 



principal department of State government. Pur- 
suant to the Executive Organization Act of 1973, 
the Department is organized to include the Board 
of Correction, the Division of Adult Probation 
and Parole, the Division of Prisons, and the 
Parole Commission. In 1974, the General As- 
sembly created the Inmate Grievance Commis- 
sion as an autonomous agency within the 
Department. 

The primary responsibility of the Depart- 
ment is to provide for the control and rehabili- 
tation of criminal offenders committed to its 
custody. 

The administrative head of the Department 
is the Secretary of Correction, who is appointed 
by and serves at the pleasure of the Governor. 

The Board of Correction shall assist the 
Secretar>' in the development of priorities and 
major programs within the Department. Board 
members are appointed by and scr\'e at the plea- 
sure of the Governor. 

The Division of Adult Probation and Parole 
is responsible for the supervision of probationers 
and parolees within the state. Additionally, it 
operates seven pre-release and aftercare centers 
which are designed to facilitate social adjustment 
of the foimer offender. The public may obtain 
information from the Division at 401 Glenvvood 
Avenue, Raleigh, North Carolina, 27605, and by 
telephone at (919) 733-7333. 

The Division of Prisons is responsible for 
the management and operation of 86 prison fa- 
cilities for the state prison system. It is divided 
into four commands: Eastern Geographic, 
Western Geographic, Youth Services, and the 
Institutional Command. The pubUc may obtain 
information from the Division of Prisons at 831 
West Morgan Street, Raleigh, North Carolina, 
27603, and by telephone at (919) 733-3226. 

The North Carolina Parole Commission is 
comprised of five full-time members appointed 
by the Governor. It is an autonomous agency 
within the Department. The Parole Commission 
determines parole eligibility and assists the Gov- 
ernor's Office with commutation and pardons. 
It is also authorized to revoke or suspend paroles. 
The pubhc may obtain information from the 
Parole Commission at 831 West Morgan Street, 
Raleigh, North Carolina, 27603, and by tele- 
phone at (919) 733-3414. 

1 he Inmate Grievance Commission is com- 
prised of five members appointed by the Gover- 
nor. The purpose of this Commission is to 



provide inmates with an administrative process 
for resolution of grievances or complaints. The 
public may obtain information from the Inmate 
Grievance Commission at 401 Glenwood Ave- 
nue, Raleigh, North Carolina, 27605, and by 
telephone at (919) 733-2551. 

The public may obtain information about 
and make submissions or requests to the De- 
partment of Correction in person at 840 West 
Morgan Street, Raleigh, North Carolina, 27603, 
and by telephone at (919) 733-4926. 

NORTH CAROLINA DEPARTMENT OE 
CULTURAL RESOURCES 

The Department of Cultural Resources was 
created in 1971. The first cabinet level agency 
of its kind in the United States. The new de- 
partment brought together a number of existing 
councils, commissions, and agencies for the first 
time. 

It is the task and function of the Department 
of Cultural Resources to assist in the preserva- 
tion, protection and continuation of our heritage 
for future generations. 

This is done tlirough the operation of the 
Department's tliree major divisions: Archives 
and History, the State Library, and the Arts 
Council, and two semi-autonomous agencies, the 
Museum of Art and the North Carolina Sym- 
phony. In addition, the department oversees two 
very special offices. Operation Raleigh, and 
America's 400th Anniversary Committee. 

NORTH CAROLINA STATE BOARD OE 
ELECTIONS 

The State Board of Elections serves the 
electorate by appointing and training County and 
Municipal Election Officials prior to each pri- 
mary and election as mandated by law, providing 
copies of all election laws, rules and regulations, 
and ballots and registration forms as prescribed 
by law. 

The State Board must hear and act on 
complaints on failure or neglect of a Board of 
Elections as well as conduct investigations and 
hearings on complaints of fraud and irregularities 
in any elections or the Campaign Reporting Act, 
preparing presentations to Grand Juries. 

The Campaign Reporting Office provides 
the pubhc with campaign disclosures of cam- 
paign contributions and expenditures by candi- 
dates and committees and provides supervision 
of County Board of Elections. 



NORTH CAROLINA REGISTER 



312 



STA TEMES'TS OF ORGANIZA TION 



NORTH CAROLINA DEPARTMENT OF 
HLMAN RESOURCES 

The North Carolina Department of Human 
Resources is an agency in the Executive Branch 
of State government. Its mission is to deliver or 
oversee the delivery of human ser%'ices to the cit- 
izens of North Carolina and to participate in the 
development of human resources in the State. 

To accomplish these objectives, the Depart- 
ment of Human Resources works to obtain 
needed legislation in the subject areas under its 
authority, adopts rules to govern the adminis- 
tration of its programs, and channels State and 
federal funds to many local grantees and provider 
agencies in the service delivery system. As the 
supervision of programs and the allocation of 
funds carry with them significant responsibilities, 
the Department of Human Resources performs 
monitoring and enforcement functions as well. 

The Secretary of the Department of Human 
Resources, the administrative head of the agency, 
is appointed by the Governor and serves at the 
pleasure of the Go\emor. 

The Department of Human Resources is 
divided into the following divisions: the Division 
of Aging; the Division of Facility Services; the 
Division of Health Services; the Division of 
Medical Assistance; the Division of Mental 
Health, Mental Retardation, and Substance 
Abuse Services; the Division of Services for the 
Blind; the Division of Social Services; the Divi- 
sion of Vocational Rehabihtation Services; the 
Division of ^'outh Services; and the North Ca- 
rolma Schools for the Deaf and Blind. 

Members of the pubhc may obtain infor- 
mation from and make submissions or requests 
to the Department of Human Resources by 
communicating with the agency in writing or in 
person at 325 North Sahsbury Street, Raleigh, 
North Carolina 27611 or by calling 
1-800-662-7030. Inquiries concerning specific 
programs or subject areas within the purview of 
the Department of Human Resources may also 
be directed to the appropriate division. 

NORTH CAROLINA DEPARTMENT OF 
JLSTICE 

The North Carolina Department of Justice 
was created and placed under the supervision and 
direction of the Attorney General. The Attorney 
General is an elected officer of the State and 
serves for a term of four years. The duties of the 
department arc: to defend aU actions in the ap- 



pellate division in which the State shall be inter- 
ested, or a party, and to appear for the State in 
any other court or tribunal in any cause or mat- 
ter, civil or criminal, in which the State may be 
a party or interested; represent all State depart- 
ments, agencies, institutions, commissions, bu- 
reaus or other organized activities of the State 
which receive support in whole or in part from 
the State; to consult with and advise the prose- 
cutors, when requested by them, in all matters 
pertaining to the duties of their office; to give, 
when required, opinions upon all questions of 
law submitted by the General Assembly, or by 
either branch thereof, or by the Governor, Audi- 
tor, Treasurer, oi any other State officer; to pay 
all monies received for debts due or penalties to 
the State immediately after the receipt thereof 
into the treasury; to compare the warrants drawn- 
on the State treasury with the laws under which 
they purport to be drawn; and, to intervene, 
when in the public interest, in proceedings before 
any courts, regulatory officers, agencies and bod- 
ies, both State and federal, on behalf of the using 
and consuming public of this State. 

The department is comprised of the follow- 
ing Divisions and Sections: Administrative Di- 
vision - Collection Section (733-9236), Elections 
Section (733-7218), Human Resources Section 
(733-4618), Real Estate Section (733-9580), Re- 
\isor of Statutes Section (733-5960), Scr\ices to 
State Agencies Section (733-3305), Tort Claims 
Section (733-3805); Criminal Division - Cor- 
rection Section (733-7387), Crime Control Sec- 
tion (733-7952), Federal Habeas Section 
(733-2011), Medicaid Investigations Section 
(733-5760), Special Prosecutions Section 
(733-2011), Appellate Section (733-6012); Civil 
Division - Property Control Section (733-7408), 
Education Section (733-7387), Highway Section 
(733-3316), Labor Section (733-4721), Motor 
Vehicles Section (733-3254), Revenue Section 
(733-3252); and Trade and Commerce Division 
- Consumer/i'\ntitrust Section (733-7741), En- 
erg\' and Utilities Section (733-7214), Environ- 
mental (733-5725), and Insurance Section 
(733-6118). 

Members of the public may obtain infor- 
mation or make requests to the Department of 
Justice by writing to the North Carolina Depart- 
ment of Justice, P.O. Box 629, Raleigh, North 
Carolina 27602, or in person at the Justice 
Building, 2 East Morgan Street, Raleigh, North 
Carolina, or by calling (919) 733-3377. Inquiries 
concerning specific subject areas may be directed 
to the appropriate division as listed above. 

NORTH CAROLESA DEPARTMENT OF 
LABOR 



313 



\ORTH CAROl I\A REGISTER 



STA TEMENTS OF ORGAMZA TION 



The Department of Labor is an independent 
executive agency created under Chapter 95 of the 
North Carolina General Statutes. The depart- 
ment is responsible for promoting the safety, 
health and general well-being of the industrial 
population of the state. The department admin- 
isters and enforces health and safety regulations, 
wage and hour laws, apprenticeship regulations, 
mine and quarry regulations, elevator, amuse- 
ment device and aerial passenger tramway regu- 
lations, boiler and pressure vessel regulations, 
regulations for private employment agencies and 
the hazardous chemical right-to-know law. In 
addition, the department offers arbitration and 
mediation services for labor management dis- 
putes. 

The Commissioner of Labor, who is a 
member of the Council of State and elected by 
the people of the state for a term of four years, 
is the executive and administrative head of the 
department. The Commissioner is assisted by 
an assistant commissioner and a special assistant 
for productivity. 

The department is organized into three ma- 
jor groups, each under the supers ision of a dep- 
uty commissioner. These groups are 
Administration and Regulation, Education and 
Training, and Health and Safety. 

The Administration and Regulation Group 
is supervised by the Chief Deputy Commissioner. 
This group is composed of the Arbitration, 
Conciliation and Mediation Division, the Private 
Personnel Service Division, the Research and 
Statistics Division, the Wage and Hour Division, 
the Budget Division, and the Personnel Division. 
The Arbitration, ConciUation and Mediation di- 
vision works to promote permanent labor-man- 
agement peace and to protect the interest and 
rights of labor, management, and the people of 
the state by the prevention and prompt settle- 
ment of labor disputes. The division offers (1) 
voluntary arbitration services of labor disputes 
through its voluntary arbitration panel, (2) con- 
ciliation and mediation services in labor disputes, 
(3) educational ser\'ices in labor relations, and (4) 
technical services in labor relations. The Pri\ate 
Personnel Ser\ices Division regulates and Ucenses 
private personnel services and job hsting services 
by enforcing the provisions of the Regulation of 
Private Personnel Services Act and the Regu- 
lation ot Job Listing Services Act. The Research 
and Statistics Division compiles and publishes 
comprehensive data on occupational injuries and 
illnesses in the state. The division also assembles 
and publishes monthly data on building activity 
in North Carolina by county and by cities. The 



Wage and Hour Division enforces the minimum 
wage, overtime, wage payment, and youth em- 
ployment laws of the state. The division inves- 
tigates worker complaints and collects back 
wages due employees. The Budget Division is 
charged with the preparation of the budget of the 
department and with the allocation of funds to 
the divisions of the department. The Persoimel 
Division is responsible for all personnel activities 
in the department including recruiting, hiring and 
orienting. 

The Education and Training Group is or- 
ganized into two divisions: Apprenticeship and 
Training, and Pre-Apprenticeship. The Appren- 
ticeship and Training Division promotes and 
monitors a broad range of apprenticeship pro- 
grams designed to train journeyman-level craft- 
workers to meet the demands of industries for 
high-skilled workers. Apprenticeship programs 
are established with private employers or under 
the sponsorship of labor-management commit- 
tees. Apprenticeships combine on-the-job expe- 
rience with related technical training furnished 
by the individual employer or at a technical in- 
stitute or community college. The division es- 
tablishes standards, approves apprenticeship 
programs which meet established criteria, is a re- 
cords depository and issues completion certif- 
icates to citizens who complete apprenticeship 
training. The Pre-Apprenticeship Division pro- 
motes opportunities for skills training through 
on-the-job training programs, pre-apprenticeship 
programs, and skills up-grading programs. Divi- 
sion representatives meet employers to help de- 
sign skin training programs designed to meet the 
employers' needs. 

The Health and Safety Group is organized 
into five divisions: the Boiler and Pressure Ves- 
sel Division, the Elevator and Amusement De- 
vice Division, the Mine and Quarr>' Division, the 
Occupational Safety and Health Division and the 
Right to Know Division. The Boiler and Pres- 
sure Vessel Division regulates the construction, 
installation, repair, alteration, inspection, use and 
operation of vessels subject to the Uniform and 
Pressure Vessel Act of North Carolina. The di- 
vision conducts periodic inspections, monitors 
inspection reports by certified insurance com- 
pany inspectors, and issues operating certificates 
to owners and operators whose equipment is 
found to be in comphance with the act. The 
Elevator and .Amusement Device Division is re- 
sponsible for the proper installation and safe op- 
eration of all elevators, escalators, workers' 
hoists, dumbwaiters, moving walks, aerial pas- 
senger tramways, amusement rides, incHned rail- 
ways and lifting devices for persons with 
disabilities which operate in pubUc establish- 



\ORTH CAROLIXA REGISTER 



314 



STA TEMENTS OF ORGAMZA TION 



mcnts and private places of employment. The 
Mine and Quam Division enforces the Mme 
Safety and Health Act of North Carolina. The 
division conducts a program of inspections, edu- 
cation and training, technical assistance, and 
consultation to implement the Act. The division 
also assists mine and quarry operators to comply 
with the provisions of the 1977 federal Mine 
Safety and Health Act. The Occupational Safety 
and Health (OSH) Division administers and en- 
forces the Occupational Safety and Health Act 
of North Carolina which is a broadly inclusive 
law that apphes to most private sector employ- 
ment m the state, and to all agencies of state and 
local government. In addition to enforcing the 
state OSHA standards, the program offers free 
consultative services, education and training op- 
portunities, and engineering assistance to em- 
ployers under its jurisdiction. The OSH Division 
also administers the Safety Awards Program 
which recognizes pri\ate firms and public agen- 
cies which achieve and maintain good safety re- 
cords. The Right to Know Division administers 
the North Carolina Hazardous Chemicals Right 
to Know Act of 1985 which requires all users of 
hazardous chemicals in amounts of at least 55 
gallons or 500 pounds to provide lists of these 
materials to local fire chiefs. 

Support ser%'ices for the department are 
handled through a Communications Division, a 
Publications Division and a hbrar)\ The Com- 
munications Division informs the public of the 
laws, programs, ser\ ices and work of the depart- 
ment by writing and disseminating news and 
feature releases of the department's activities to 
the press and by providing a haison with the 
media. The Pubhcations Division provides 
publishing and printing support to the programs 
of the department. The Charles H. Li\'engood, 
Jr. Memorial Labor Law Librar>', which is staffed 
by a fuU time librarian and open to the public, 
serves as a resource center for the department. 

Six advisory groups assist the Commissioner 
with policy development and program planning. 
These are the Apprenticeship Council, the Board 
of Boiler and Pressure Vessel Rules, the Industry 
Ad\isory Board, the Mine Safety and Health 
Advisor,' Council, and the Occupational Safety 
and Health Advisory Council, and the Private 
Personnel Services Advisor)" Council. A separate 
unit independent from the Department of Labor 
is the Occupational Safety and Health Review 
Board, which hears appeals of citations and pen- 
alties imposed by the OSH Division and whose 
members are appointed by the Governor. 

The public may obtain information from 
and make submissions or requests to the De- 



partment of Labor in person or by mail at 4 West 
Edenton Street, Raleigh, North Carolina 27601 
or by telephone as follows: 

Administration 

(919) 733-7166 
Apprenticeship and Training 

Division 

(919) 733-7533 
Arbitration, Conciliation and 

Mediation Division 

(919) 733-7495 
Boiler and Pressure Vessel 

Division 

(919) 733-3034 
Communications Division 

(919) 733-4904 
Elevator and Amusement Device 

Division 

(919) 733-7394 
Library 

(919) 733-2486 
Mine and Quarry Division 

(919) 733-7428 
Occupational Safety and 

Health Division 

(919) 733-4880 
Personnel Division 

(919) 733-6943 
Pre-Apprenticeship Division 

(919) 733-6550 
Private Persormel Service 

Division 

(919) 733-4895 
Publications Division 

(919) 733-6590 
Research and Statistics 

Division 

(919) 733-4940 
Right to Know Division 

(919) 733-2486 
Safety Awards Program 

(919) 733-5683 
Wage and Hour Division 

(919) 733-2152 

NORTH CAROLINA DEPARTMENT OF 
CRLME CONTROL AND PL BLIC SAFETY 

The North Carolina Department of Crime 
Control and PubUc Safety was established by the 
1977 General Assembly to serve as an umbrella 
department for essential state government ser- 
vices related to the weU-being of its citizens. As 
its name imphes, the department serves as the 
state's chief coordinating agency for controUing 
crime and protecting the public. 

^\Tlen you attend a Community Watch 
meeting or obser\'e a trooper catch a speeder, re- 



315 



SORTH CAROLISA REGISTER 



. 



STA TEMENTS OF ORGANIZA HON 



member the Department of Crime Control and 
Public Safety is working hard to reduce and 
control crime. 

By the same token, when you hear of hurri- 
canes, plane crashes or nuclear accidents, know 
also that Crime Control and Public Safety will 
be on the scene to make sure disaster victims re- 
ceive aid and help. 

Wherever or whatever the need, the Depart- 
ment of Crime Control and Public Safety is 
working with you to make North Carolina a safer 
and better place to live. 

The Department of Crime Control and 
Public Safety has nine divisions and the Office 
of the Secretary'. The Secretary's staff is located 
in the Archdale Building Ln Raleigh. They in- 
clude three assistant secretaries and personnel 
from the fiscal, personnel, information services, 
purchasing and staff development sections. 

The Assistant Secretary for Administration 
is responsible for the operation of the Office of 
the Secretarv' and has fuU authority in the ab- 
sence of the Secretary'. The Assistant Secretary' 
for Public Safety oversees the operations of the 
divisions of the National Guard, CivO Air Patrol, 
Butner Public Safety and Emergency Manage- 
ment. The Assistant Secretary for Crime Control 
oversees the operations of the State Highway 
Patrol, Alcohol Law Enforcement, Victim and 
Justice Services, Crime Prevention and Gover- 
nor's Crime Commission. 



(D.W.I.) Source Prevention seminars at which 
employees of outlets are instructed about irre- 
sponsible service of alcohol. ALE agents also 
speak to community, church, civic, professional 
and school groups about alcohol laws and regu- 
lations. 

Butner Public Safety 

The personnel of the Butner PubUc Safety 
Division are trained to perform a variety of 
functions, because the people and facilities they 
protect and serve are just as varied. Butner 
Public Safety officers provide police and fu"e 
protection to the patients and staffs of the state 
hospitals at Butner, other state facilities there and 
the community of Butner. Their jurisdiction, 
some 35-square miles is also varied in terms of 
terrain, type of facilities and population. Officers 
patrol the streets of Butner and the grounds of 
the more than 1 1 state facilities there. They 
provide protection for the 4,600-acre National 
Guard training range, and officers are also re- 
sponsible for fire prevention and suppression. 
Wlien a fire occurs at any facility, including But- 
ner federal correctional facility, Butner Public 
Safety officers are on the scene. These officers 
are unique, because their duties are unique. One 
hour, they may be called on to figlit a raging fire, 
and the next hour, these same officers may be 
called on to capture a bank robber. Butner 
Public Safety otTicers are trained to do each job 
with skill and courage. 

Civil Air Patrol 



Alcohol Law Enforcement 

The Division of Alcohol Law Enforcement 
(ALE) enforces the state's laws governing the 
sale, purchase, transportation, manufacture and 
possession of intoxicating liquors and controlled 
substances. Anyone who sells beer, wine or al- 
cohol in North Carolina must have a hcense. 
Before that license can be issued, an ALE agent 
must investigate the applicant and the place 
where the products will be sold. Once the license 
is granted, ALE agents check back periodically 
to ensure that no liquor or drug laws are being 
violated, such as selling alcohol to a minor. With 
the passage of the Safe Roads Act of 1983 and 
the drinking age change law of 1986, ALE is 
making a special effort to reduce the sale of al- 
cohol to anyone under the age of 21. ALE 
agents routinely conduct undercover operations, 
utilizing under-age persons, to check licensed 
outlets to see if they are selling to minors. En- 
forcement is one part of an ALE agent's job. 
Public education and, awareness are also impor- 
tant. ALE conducts Driving While Impaired 



The Civil Air Patrol (CAP) is a volunteer 
org;mization and an official auxiliary of the 
LInited States Air Eorce. CAP has three mis- 
sions of service to the public. Its primary re- 
sponsibilities are to perform search and rescue 
missions for missing or downed aircraft and to 
provide disaster relief assistance during emergen- 
cies. CAP personnel play a vital role in the 
state's emergency plan. Personnel fly aircraft for 
transportation, aerial photography and courier 
service. The Civil Air Patrol's communications 
system provides backup communications during 
disasters. CAP also promotes aerospace educa- 
tion. Interest in aerospace education is encour- 
aged by membership in the CAP cadet program. 
Ihc cadet program is a strong part of CAP's 
service to North Carolinians. It gives young 
people, ages 13 through 18, opportunities for 
leadership and education through aviation. Ca- 
dets regularly participate in drills and exercises to 
test the readiness of each squadron to respond to 
a call for assistance. There are 42 squadrons in 
the North Carolina CAP wing. Many CAP 
members operate their own airplanes and fly at 



iXORTH CAROLINA REGISTER 



316 



STA TEMENTS OF ORGAMZA TION 



their own expense; however, membership dues, 
donations, grants, estates, state funds and Air 
Force reimbursements account for a large por- 
tion of their budget. 

Crime Prevention 

The Clime Prevention Division works to 
prevent crimes against property, crimes of vi- 
olence and juvenile crimes in North Carolina. 
1 he division provides crime prevention education 
to the citizens of North Carolina through various 
organizations, including law enforcement, 
schools, community groups and news media. 
The goal is to get citizens involved in the fight 
against crime by establisliing community, county 
and statewide crime prevention programs. Staff 
members in the Crime Prevention Division keep 
track of changing crime trends and stay abreast 
of the latest state and national crime prevention 
programs. In addition to providing technical as- 
sistance to organizations, crime prevention spe- 
cialists also help citizens to overcome the fear of 
crime. Several crime prevention programs are 
promoted or coordinated by the division. These 
include Community Watch, HAM Watch, Ath- 
letes Against Crime, Crime Pre\ention for Older 
Adults, Crime Prevention in Pubhc Housing, 
Child Safety Identification and Crime Stoppers. 
A variety of crime prevention and awareness 
materials are available, free of charge, from the 
division. 

Emergency Management 

The Division of Emergency Management is 
responsible for protecting North Carolinians 
from the effects of disasters, natural and man- 
made. The division offers assistance to local and 
county officials, tlirough the state office and six 
area offices strategically located across North 
Carohna. Division personnel work with local 
governments to develop emergency action plans 
for such hazards as chemical spills, fires, floods, 
tornadoes, hurricanes and nuclear incidents. 
These plans are routinely tested by communities 
during drills and table-top exercises with the as- 
sistance of the division's training staff. When an 
emergency arises or a disaster threatens, the 
state's response is directed by the State Emer- 
gency Response Team (SERT). Representatives 
from each agency in\olved in the emergency re- 
sponse serve on the team. Tliis team works out 
of the Emergency Operations Center (EOC) in 
Raleigh. In the past, the SERT has coordinated 
the response and recovery efforts for many 
emergencies includmg the tornadoes of 1984, 
Hurricanes Diana and Gloria, forest llres which 
blackened North Carolina in 1085 and 19S6 and 
the drought of 1986. 



Governor's Crime Commission 

The Governor's Crime Commission is the 
chief advisor)' board to the Governor and the 
Secretary of Crime Control and Public Safety on 
crime and justice issues. The Crime Commission 
is made up of 40 members, including the heads 
of statewide criminal justice and human services 
agencies as well as representatives from the 
courts, law enforcement, local government and 
legislature. Juvemle justice officials and con- 
cerned citizens also serve on the Crime Com- 
mission. The Commission plans more effective 
approaches to the problem of crime, coordinates 
the work of various elements of the criminal jus- 
tice system and, through the staff, administers 
several statewide criminal justice programs. 
Members of the staff for the Crime Commission 
research criminal justice practices, conduct public 
hearings on subjects of interest to the Commis- 
sion and support the Commission. As a coordi- 
nating and planning body, the Crime 
Commission studies issues and makes reports to 
the Governor on a wide range of criminal justice 
subjects, including its biennial legislative agenda 
which recommends statutory' changes in criminal 
laws and recommends crimmal justice programs. 
The Crime Commission has been a force behind 
the passage of such laws and programs as North 
Carolina's tough Driving While Impaired 
(D.W.I.) law. Community Service Work Pro- 
gram, Community Watch Programs and Rape 
Victim Assistance. Community-based alterna- 
tives to prison, in-school suspension, juvenile 
court counselors and computerized criminal jus- 
tice information systems were also recommended 
by the Crime Commission. 

National Guard 

The North Carolina National Guard, with 
its more than 13,000 members, has a dual role. 
It is a state mihtia subject to the call of the 
Governor, and it is a federal reserve force subject 
to the call of the President. Led by the Adjutant 
General, the Guard raises and trains ground and 
air troops for mobULzation when state or national 
emergencies require military' support. The North 
Carolina Army National Guard is located in 
more than 100 communities across the state with 
more than 12,000 personnel. The North Caro- 
hna Air National Guard, with units in Baden and 
Charlotte, has more than 1,300 personnel. As 
part of its peacetime mission, the National Guard 
assists the pubUc in times of emergency or ci\il 
disorder. Guard aviation units support local go- 
N'emments in searching for missing persons, assist 
law enforcement with aerial searches for mari- 
juana and earn,' drinking water to drought- 



i/; 



SORTH CAROUSA REGISTER 



STA TEMENTS OF ORGANIZA TION 



stricken communities or those whose supplies 
have been contaminated. To maintain its read- 
iness for wartime missions, Guard troops are 
trained and equipped like their counterparts on 
active military duty. The state is responsible for 
raising and training the troops to Federal stand- 
ards. 

Highway Patrol 

Since 1929, the North Carolina State High- 
way Patrol has provided for the safety of the 
motoring pubhc by enforcing motor vehicle laws 
on the state's highways. The largest state law 
enforcement agency, the Patrol has more than 
1,100 uniformed members. The patrol is divided 
into eight troops headquartered in Greenville, 
Fayetteville, Raleigh, Salisbury, Monroe, New- 
ton, Greensboro and AshevLUe. Each headquar- 
ters has its own motor pool, and its sophisticated 
radio network links each patrolman to his head- 
quarters. The Highway Patrol maintains a 
comprehensive training center near Raleigh for 
the training of new officers and continuing in- 
service schools. Troopers study constitutional 
and motor veliicle laws and learn pursuit driving 
and firearms techniques. State Troopers pro\ ide 
many additional services to North Carohna such 
as assisting stranded motorists, directing traffic 
at sporting events and the State Fair and provid- 
ing secunty to the governor and his family. The 
Patrol pla>s a vital role in the state's emergency 
response plans. .-VnUime a local government has 
a law enforcement or emergency problem, they 
may call on the State Highway Patrol for help. 
Troopers have been called on to help evacuate 
victims of natural disasters or to transport blood, 
donor organs or seriously iU people. 

X'ictim and Justice Services 

The Division of Victim and Justice Services 
administers statewide victim and community ser- 
vice programs. The community ser%ice programs 
include Driving \\Tiile Impaired (D.W.I.) Com- 
munity Service, First Offender Programs (Mis- 
demeanor and Felony Diversion), Court-Ordered 
Community Ser\ice and Farly Release Parole 
Community Service. The Division has field of- 
fices in each of the 34 judicial districts in North 
Carolina to administer these programs. The field 
staff is responsible for placmg defendants in local, 
state and nonprofit agencies to perform free work 
as a condition of their suspended jail sentence. 
The division administers various programs for 
victuns. The Rape Victim Assistance Program 
provides financial assistance up to $500 for vic- 
tims of rape and sexual assault. This program 
also underwrites a standardized rape evidence 
collection kit w hich is used by hospitals to collect 



evidence. The Division also offers programs for 
law enforcement agencies on operational man- 
agement improvements, stress management, 911 
plaiming and implementation and coordination 
of mutual aid agreements. The Division operates 
the North Carolina Center for Missing Persons. 
Trained staff members at the Center locate miss- 
ing persons, especially children. They also help 
famihes coordinate searches and exchange infor- 
mation with law enforcement agencies and the 
National Center for Missing and Exploited Chil- 
dren. Calls are received from a 24-hour toll free 
hotline (1-800-522-KIDS). 



NORTH CAROLINA DEPARTMENT OF 

NATURAL RESOURCES AND 

CO.MMUTsITY DE\ ELOPMENT 

The North Carolina Department of Natural 
Resources and Community Development is a 
principal State department in the executive 
branch of North Carolina government authorized 
by Article III, Section II of the North Carolina 
Constitution. 

The N.C. Department of Natural Resources 
and Community Development has three primary 
duties: 

(1) To provide for the management and 
protection of the States natural resources 
and environment; 

(2) To promote and assist in the orderly 
development of North Carolina counties 
and communities; and 

(3) To provide job training and promote 
employment for economically disadvan- 
taged persons. 

The head of the Department is the Secretary 
who is appointed by the Governor and serves at 
the pleasure of the Governor. 

The Department is organized into twelve 
divisions as foUows: 

(1) en\Lronmental management; 

(2) marine fisheries; 

(3) parks and recreation; 

(4) forest resources; 

(5) land resources 

(6) community assistance; 



SORTH CAROLISA REGISTER 



318 



STA TEMENTS Of ORGANIZA TION 



(7) economic opportunity; 

(8) employment and training; 

(9) soil and water; 

(10) N.C. Zoological Park; 

(11) water resources; and 

(12) coastal management. 

The Wildlife Resources Commission and its 
staff are responsible to the Department for coor- 
dinating and reporting purposes. 

The public may obtain information about 
and make submissions or requests to the De- 
partment of Natural Resources and Community 
Development in person at 512 N. Salisbury 
Street, Raleigh, North Carolina 27611, and by 
telephone at (919) 733-4984. 

NORTH CAROLINA WILDLIFE 
RESOURCES COMMISSION 

The North Carolina Wildlife Resources 
Commission is. as a matter of executive organ- 
ization, a part of the Department of Natural Re- 
sources and Community Development, but 
operates independently of the Department except 
for the management functions of coordinating 
and reporting. 

The Commission consists of thirteen (13) 
members: nine of which are appointed by the 
Governor from the wildlife districts, two by the 
Governor from the State at-large, and two by the 
General Assembly on recommendations of the 
President of the Senate and the Speaker of the 
House, respectively. 

The administrative head of the agency is its 
Executive Du"ector who is selected by and serses 
at the pleasure of the Commission. The staff of 
the Commission, other than personnel serving 
directly under the Executive Director, is organ- 
ized into fi\c divisions as foUows: 

(1) Administrative Services; 

(2) Conservation Education; 

(3) Enforcement; 

(4) Boating and hiland Eisheries; and 

(5) \^'ildlife Management. 



The public may obtain information and 
make submissions and requests to the Wildlife 
Resources Commission by communicating with 
the agency by mail or in person at 512 N. Salis- 
bury Street, Raleigh, North Carolina 27611, or 
by telephone at (919) 733-3391. 

NORTH CAROLINA DEPARTMENT OF 
PUBLIC EDUCATION 

The North Carolina Department of Public 
Education is a statutorily created agency (G.S. 
143 A- 39) within the executive branch of the state 
government. The State Board of Education is 
the head of the Department of Public Education. 
The Superintendent of Public Instruction, a 
statewide elected official as provided for in Article 
III, Section 7 of the North Carolina Constitu- 
tion, IS the secretary and chief administrative of- 
ficer of the State Board of Education. The 
Department of Public Education consists of two 
divisions, the Department of Public Instruction 
and the Controller's Office. The Department of 
Public Instruction is responsible for supervising 
and administermg the public school system; local 
boards of education operate indi\idual schools 
under their jurisdiction. The Controller's Office 
is responsible for supervising and administering 
the fiscal affairs of the Department of Public 
Education. 

The public may obtain information about 
and make requests to the Department of PubUe 
Instruction in person or by mail at 1 14 W. 
Edenton Street, Raleigh, North Carolina 27603- 
1712, and by telephone as follows: 

Department of Public Instruction 
(919) 733-3813 
Controller's Office 

(919) 733-7565 

NORTH CAROLESA DEPARTMENT OF 
THE SECRETARY OF STATE 

The Department of the Secretary of State is 
a principal department of the State of North Ca- 
rolina created by /Vrticle 2 of Chapter 143 A of the 
General Statutes. The head of the Department 
is the Secretar>' of State, and elective officer pro- 
vided for in Article III, Section 7 of the Consti- 
tution of North Carolina. 

The constitutional and statutory duties of 
the Department of the Secretary' of State are car- 
ried out through six divisions: 

1) General Administration 

(a) The Secretar>' of State is located in 



319 



\ORrH CAROLISA REGISTER 



SI.4 TEMEiSIS OF ORGAMZA HON 



the State Capitol, Ralcigli, North 
Carolina. Personnel in tiiis section 
have custody of the original laws and 
journals of the current session of the 
General Assembly and register lob- 
byists. 

(b) The personnel, budget and manage- 
ment functions of the Department 
are carried out in Room 302 of the 
Legislative Office Building, 300 N. 
Salisbur)' Street, Raleigli. Registra- 
tion of Trademarks and filing of mu- 
nicipal annexation ordinances are 
also the responsibility of this section. 

2) Publications 

(a) The Publications Division is 

located in Room 302 of the Legisla- 
tive Office Building, 300 N. Salisbury 
Street, Raleigli. It is responsible for 
publisliing the North Carolina Man- 
ual and Directory of State and 
County Officials. It also distributes 
the Session Laws and Journals of the 
General Assembly. 



The Securities Di\ision is located in 
Room 404 in the Legislative Office 
Building, 300 N. Salisbury Street, 
Raleigh. I'he Di\ision registers se- 
curities for sale to the public and li- 
censes securities dealers and 
salesmen. It also investigates and 
takes appropriate action on com- 
plaints of violations of the securities 
laws. 

6) Notary Public Division 

Ihe Notiiry Public Di\ision is lo- 
cated in Room 302 of the 1 egjslative 
Office Building, 300 N. Salisbury 
Street, Raleigh. I he Division issues 
commissions to applicants who qua- 
lify as notaries public, conducts the 
notary education program and inves- 
tigates complaints of misconduct by 
notaries. 

The mailing address for all di%isions of the 
Department of the Secretary of State is 300 N. 
Sahsbup.- Street, Raleigli, North Carolma 27611. 
'Ihe 'i'elephone numbers are: 



(b) I he L^uid (jrant Section maintains 
records of land izrants from 1663 to 
1957. 



3) Corporations 

Lhc Corporations Di\ision is located 
in Room 302 of the Lcidslative Office 
BuUdmg, 300 N. Salisbury Street, 
Raleigh. Lhe Di\ision is responsible 
for reviewing and filing charter docu- 
ments for North Carolina Corpo- 
rations and issuing Certificates of 
Authority to foreign corporations to 
transact business in North Carolina. 

4) Lniform Commercial Code 

The Uniibrm Commercial Code Di- 
vision is located in Room 302 of the 
Legislative OlTice Building, 300 N. 
Salisbury Street, Raleigh. Ihe Divi- 
sion receives and files financing 
statements and related statements 
which give notice of the existence of 
a security interest in personal prop- 
erty. 



5) Securities 



Secretar\' of State 
(919) 733-3433 
Genend Administration 
(919) 733-4161 
Corporations 
(919) 733-4201 
Lniform Commercial Code 
(919) 733-4205 

Securities 
(919) 733-3924 
Notary Pubhc 
(919) 733-3405 

NORTH CAROLINA DKPARTMFAT OF 
STATE TREASLRKR 

The Department of State Lreasurer is or- 
ganized along functional lines as follows: 

1. The Office of the State Treasurer. 

This unit consists of the State Treasurer 
and his immediate staff. It is headed by 
the State Treasurer and is responsible for 
the overall operation of the Department 
and carrying out the special duties of the 
State Treasurer. The budget is part of 
function code 1110, General Adminis- 
tration. 

2. The Administrative Services Di\ision. 
Ihis di\ision is responsible for Depart- 
ment-wide functions and for the adminis- 



SORTH CAROEL\A REGISTER 



320 



ST A TEMENTS OF ORGANIZA TION 



tration of the Escheat Fund. The 
Director of the Division is a Deputy 
Treasurer. The Division has four operat- 
ing components as follows: 

a. General Admirustration Section - 
This section is headed by the Division 
Director and is responsible for the fol- 
lowing Department-wide functions: 

(1) Accounting and budgets, 

(2) Personnel and payroll, 

(3) Purchasing, 

(4) Supply, messenger and mailroom 
services, 

(5) Technical assistance, and 

(6) .Miscellaneous general 
administration, e.g. insurance. 

Its budget is part of function code 1 1 10, 
General Administration. 

b. Word Processing Section - 

This section is headed by a section chief 
and is responsible for the preparation 
of all typesetting and camera ready copy 
for the Department and for word proc- 
essing ser\'ices requested by other com- 
ponents of the Department. The 
budget is function code 1 140, Word 
Processing. 

c. Data Processing Section - 

This section is headed by a section chief 
and is responsible for the operation and 
programming of the mainframe com- 
puter of the Department. In addition 
the Section is responsible, along with 
the Di\ision Director for planning and 
approving acquisition and use of mi- 
crocomputers. Its budget is function 
code 1150, Data Processing. 

d. Escheat Fund Administration Section 
- This section is headed by a section 
chief and is responsible for the admin- 
istration of the Escheat Fund including 
processing of receipts from holders, 
making refunds to the rightful owners 
and auditing holders for legal compli- 
ance, rhe budget is function code 
1130, Escheat Fund Administration. 

3. rhe ln\estment and Banking Division. 



This division is responsible for carrying 
out the banking operations and invest- 
ment activities of the State which have 
been assigned by law to the State Treas- 
urer. The Director of the Division is a 
Deputy Treasurer and the State Invest- 
ment Officer. The Division has three op- 
erating components as follows: 

a. Investment Management Section - 
This section is headed by the Division 
Director and is responsible for the gen- 
eral superv ision of the Division and for 
the management of all investment pools 
consisting of the funs belonging to the 
General and Highway Funds, the re- 
tirement systems, and other special trust 
funds. The budget is a part of function 
code 1210, Investment Management. 

b. Investment Accounting Section - 
This section is headed by a section chief 
and is responsible for maintaining ac- 
counting and other fmancial records re- 
lating to the investment pools through 
which aU moneys for which the State 
Treasurer is custodian are invested and 
the records relating to bank accounts 
and budgetar)' code accounts. The 
budget is a part of function code 1210. 
Investment Management. 

c. Operations Section - 

This section is headed by a section chief 
and is responsible for clearing State 
warrants and for clearing investment 
principal and income transactions. For 
budgetary' purposes, the personnel and 
other costs associated with clearing of 
investment transactions are a part of 
function code 1210, Investment Man- 
agement; the personnel and other costs 
associated with the clearing of State 
warrants are in function code 1220, 
Banking Operations. 

The Retirement Systems Division. 
This division is responsible for adminis- 
tering the State-operated pension funds 
and fringe benefit trust funds assigned by 
law to the Department of State Treasurer. 
The Director of the Di\ ision is a Deputy 
Treasurer and is the Director of each 
pension fund as established by law. The 
budgets for all components of the Divi- 
sion are contained in one function code 
1410, Retirement Operations. The Divi- 
sion has five operating components as 
follows. 



321 



.\ORTH CAROLI.\A REGISTER 



STA TEMEMS OF ORGANIZA HON 



a. Office of the Director - 

Tliis section is headed by the Director 
and is responsible for the overall super- 
vision and operations of the Division. 

b. Accounting/Data Control - 

This section is headed by a section chief 
and is responsible for accounting for all 
pension funds and other trust funds as- 
signed to the Di\'ision. In addition, the 
Section maintains control of documents 
being sent to Data Processmg for up- 
dating the computer files. 

c. Benefits Processing - 

This section is headed by a section chief 
and is responsible for calculatmg all 
payments to members, including retired 
pay, refunds and death claims. 

d. Member Services - 

This section is headed by a section chief 
and is responsible for helping Lndi\idual 
members who call, -write in, or come in 
with problems. This section counsels 
soon-to-be retired and retirees to make 
certain that these people obtain their 
proper rights. 1 he section assists cm- 
pio\ing units on eligibility questions 
and questions from its employees. 

e. Records - 

This section is headed by a section chief 
and is responsible for maintaining files 
on all members, active, inactive and re- 
tired. Primarily fdes are maintained in 
microfilm or microfiche forms. 

5. The State and I,ocal Governmental 
Finance Division. Iliis division is re- 
sponsible for providing staff to the Local 
Government Comirdssion and to the 
North Carolina Educational Facilities Fi- 
nance Agency. The Director of the Divi- 
sion is a Deputy Treasurer, the Secretary' 
of the Local Government Commission 
and the Secretary'- treasurer of the North 
Carolina Fducational Facilities Finance 
Agency. The budgets for the component 
units are contained in one function code 
1310, Local Go\enimcnt Operations. 
1 he Division has two operating compo- 
nents as follows: 

a. Debt .Management Section - 

'I'his section is headed by the Division 
Director and is responsible for review- 
ing requests for issuing debt and making 
proposals thereon to the approving 
agency. In addition, this Section is re- 



sponsible for the sale of State and local 
governmental debt that is authorized 
but unissued. 

b. Fiscal Management Section - 

This section is headed by a section chief 
and is responsible for assisting local go- 
vernments keep a strong tiscal position. 
y\mong the ways this is accomplished 
are the review of all audits of local go- 
vernments received by the Division, the 
preparation of memoranda for local 
governments on solutions to old and 
new problems, and the provision of 
teclinical assistance in person and by 
phone. 

6. The Advisory CouncU on Vocational 
Education Division. This division pro- 
vides staff to the Advisory Council on 
matters dealing with vocational education. 
The costs of the Council and staff are re- 
imbursed from federal grants which are 
renewed every year. The Director of the 
Division is the Executive Director of the 
Council. Lhe budget is function code 
1510, Advisory Council on Education. 

Department of State Treasurer 

325 N. Salisbury Street 

Raleigh, North Carolina 27611 

(919) 733-4440 

NORTH CAROLINA STATE BOARD OF 
ARCHITECrLRE 

The North Carolina Board of /Vrchitecture 
is charged with the Ucensing and regulation of the 
practice of architecture in the State of North Ca- 
rolina. For submissions, requests or further in- 
formation, please contact the F^xecutive Director, 
Cynthia B. Skidmode, 501 N. Blount Street, 
Raleitih, North Carolma 27604, telephone (919) 
733-9544. 

NOR 1 H CAROLIN.A Al CTIONEER 
LICENSING BOARD 

The Auctioneer Licensing Board is respon- 
sible for the administration and enforcement of 
the y\uctioneers Law, G.S. 85B, which estab- 
lishes specific standards of conduct for auctio- 
neers and auction firms that ser%e to protect the 
public from incompetent or unqualified persons 
engaging in auction activities, and from deceitful 
practices, wHlful misrepresentations or fraudulent 
and dishonest dealings; affords a means of redress 
of grievances to any person suffering damage, and 
provides a means of monetary restitution for loss 
suffered. 



AORTH CAROLLXA REGISTER 



322 



STA lEMESTS OF ORGAMZA TlOy 



The Auctioneers Law stipulates that there 
shall he a five-member Commission, appointed 
by the Governor. By law, three members are 
from nominations submitted to the Governor by 
the Auctioneers .Association of North Carolina. 
At least three members must be experienced li- 
censed auctioneers; one member is appointed to 
represent the public at large, and cannot be li- 
censed as an auctioneer. 

It is the responsibility of the board to license 
auctioneers, apprentice auctioneers, and auction 
firms and to see that the qualifications and ac- 
ti\ities of those engaged in auctioneering activ- 
ities are in accord with law and in the best 
interests of the public. The board is not a board 
of arbitration and has no jurisdiction to settle 
disputes between parties concerning such matters 
of contract as the rate of commissions, the divi- 
sion of commissions, pay of assistants, and simi- 
lar matters. 



Complaints are investigated with the assistance 
of a contractual investigatne firm. 

'l"he administrative offices of the Auctioneer 
Licensing Board arc located at: 

350Q Haworth Dr., Suite 306 
Raleish. N.C. 27609-7276 
'Lelephone: (919) 733-2182 

Office hours are 8:30 a.m. until 5:00 p.m., Mon- 
day tlirougli Friday, except holidays. 

NORTH CAROLINA STALE 

BOARD OF CLRLILILD PUBLIC 

ACCOUNTANT EXAMINERS 

'Lhe North Carolina State Board of Certified 
Public Accountant Examiners is an independent 
agency. It is one of the thirts-eiglit occupational 
licensing boards and is authorized by Chapter 93 
of the General Statutes. 



The Commission may upon its own motion 
or upon a complaint in writing of any person, 
provided the complaint and any evidence pre- 
sented with it establishes a prima facie case, hold 
a hearing and investigate the actions of any li- 
censee, and has the power to suspend or rcsoke 
any license issued. The Commission may in its 
own name seek injunctise relief to restrain any 
violation or anticipated \iolation of the Auctio- 
neers Law; is entitled to the scn.icc5 of the At- 
torney General in enforcing the provisions of 
G.S. 85B, or ma\' emplo\' an attomes' to assist 
and represent it in enforcement of specific mat- 
ters. 

The Commission holds monthly meetings; 
reeei\es and acts upon License applications; 
adopts rules and regulations: investigates com- 
plaints; holds administrative hearings as needed; 
suspends or re\okes hcenses when warranted; 
sponsors and underwrites educational projects for 
the benefit of licensees and pro\ides recovery and 
guaranty protection through the Auctioneer Re- 
co\'ep." Lund. 

Lhe board's ofiice is staffed by an executive 
director, administrati\c assistant, and two secre- 
taries. All employees ser\e at the pleasure of the 
Commission. Operational acti\ities are sup- 
ported totally by license fees collected from those 
in the auction profession and deposited with the 
State Lreasurer: no funds arc appropriated for the 
use of this agency. The staff administers exam- 
inations, issues and renews licenses, publishes an 
annual directory and biannual newsletters, and is 
responsible for the daily functioning of the office. 



The board has these primary responsibilities: 

( 1 ) to grant certificates of qualification as 
certified public accountants to those per- 
sons who ha\c met legal requirements in- 
cluding age, citizenship, education, 
experience and good moral character; 

(2) to register certified public accounting 
firms; 

(3) to amiuallN' renew certificates and 
firm registrations; 

(4) to administer senii-annuall\' the 

L nifonn Certified Public Accountant Ex- 
amination; 

(5) to administer the continuing profess- 
ional education compUance program; 

(6) to adopt rules of professional ethics 
and conduct to be obsened b\ certified 
public accountants in tliis state: and 

(7) to administer any and all other 
provisions of G.S. 93. 

The board is composed of five persons who 
are holders of valid and unresoked certified pub- 
lic accountant certificates issued under the pro- 
\ isions of G.S. 93 and two persons who are not 
certified public accountants who shall represent 
the public at large. lhe senior staff officer is the 
E.xccutive Director. 



323 



SORTH CAROLISA REGISTER 



STA TEMENTS OF ORGAMZA HON 



I he office has four divisions reporting to a 
Deputy Director: Administrative Services, Board 
Services, Hxaminations, and Licensing. The 
Administrative Services 13ivision is concerned 
solely with the internal operation and manage- 
ment of the office. The Board Services Division 
senes as a personal assistant to the Executive 
Director, performing a variety of administrative 
duties related to Board matters and the enforce- 
ment area. The Lxaminations Di\ision admin- 
isters the semi-amiual Unifonn Certified Public 
Accountant Examination. The Licensing Divi- 
sion processes initial and renewal applications for 
CPA certificates and fum registrations. The Ex- 
ecutive Director and support staff supervise rule- 
making and administrative hearing matters, and 
such other activities as the board may direct. 

The public may obtain information about 
and make submissions or requests to the North 
Carolina State Board of Certified Public Ac- 
countant Examiners in person at 1101 Obcrlin 
Road, Suite 104, Raleigh, North Carolina; by 
mail at Post Office Box 12S27, Raleigh, NC, 
27605; and by telephone at (919) 821-2443. 

NORIII CAROLINA BOARD OF 
CHIROPRACTIC EXAMINERS 

The North Carolina Board of Criiiropractic 
Examiners is an occupational licensing agency 
which regulates the practice of Chiropractic by 
(1) detennining whether applicants have satisfied 
the statutory requirements to be admitted to 
practice, and (2) enforcing the statutory pro- 
visions go\eming the practice of Chiropractic. 

Any interested party may obtain informa- 
tion and make submissions or requests by con- 
tacting the Board in writing at the following 
address: 

N.C. Board of Chiropractic 

Examiners 
c/o .Mrs. Carol Hall, 

Executive Sccrctarv 
P.O. Box 312 
Concord, N.C. 28025 

NORTH CAROLINA LICENSING BOARD 
FOR GENERAL CON IRAC lORS 

Ihc North (\irolina Licensing Board for 
General Contractors is located at 3509 Haworth 
Drive, Suite 302, Raleigh, North Carolma. Its 
mailing address is Post Office Box 17187, Ra- 
leigh, North Carolina 27619 and telephone 
number (919) 733-9325. H..M. .McCown is Sec- 
retary-Treasurer of the Board. Requests for in- 
formation or similar inquiries should be made to 



the Board's office. The members of tlie Board 
are: Dean B. McClatchey, Chairman, D. Bruce 
Armstrong, Vice-Chainnan, .Marshall Dunn, J.S. 
I^vans, Arthur C. Elood, Jimmy R. E'lowers, and 
Richiird A. .Mitchell (deceased 6/17/87, successor 
yet to be appointed.) 

NORTH CAROLINA STA IE BOARD OF 
COSMETIC AR IS 

Goal: The goal of the State Board is to as- 
sure the consumer of clean and sanitary' salons 
and that the services offered are not damaging to 
the consumer. 

The purpose of this Board is to license all 
people employed as professionals in cosmetol- 
ogy, schools, colleges, and salons in North Ca- 
rolina and to assure they have met all standards 
and requirements to have a license. 

1 he Board consists of four members ap- 
pointed by the Governor, one by the NC House 
Speaker, and one appointed by the Lt. Governor. 
The Board Members conduct the State Board 
Examinations and meet to set policy and stand- 
ards for Cosmetic Art in North Carolina. 

Board Members are: Chairman, Phil Sheh- 
dan; Vice-Chairman, Alma I'ilghman; Secretary, 
Zada Noe; Members, Mar) Battle and Patsy 
Beckwith. An appointment by the Lt. Cjo\cmor 
is anticipated any day. 

Objectives: 

1 . To increase accessibility of training in 
the area of cosmetology. 

2. Eo increase the number of licensed 
cosmetologists, schools, colleges, and sal- 
ons. 

3. To reduce complaints filed against salons 
and cosmetologists. 

Office Hours are 8-5 P\L and Telephone 
numbers are 733-3010, 733-0434, and 733-0435. 
J he Executive Secretary' is Vicky Rothrock 
Goudie. 

NC State Board of Cosmetic Arts 

113 West Hargett Street 

P.O. Box^llOS 

Raleigh, N.C. 27602-1108 

NORTH CAROLINA STATE BOARD OF 
DENTAL EXAMINERS 



XORTH CAROLINA REGISTER 



324 



STA TEMEMS Of ORGAMZA HON 



1 lie North Carolina State Board of Dental 
Fxaininers office is located currently at 3325 lix- 
ecuti\e 13ri\c, Suite 101, Raleigli, North Carolina 
27bW. I he office is staffed by an Executive 
Secretar}', an Adminjstrati\c Assistant, an Inves- 
tigator and an In\cstigati\c Assistant. Board 
members presently ser\mg on the Board arc: 
W. David Bums. D.D.S.r President: David H. 
Becker. D.D.S., SecretaPt- Ireasurer; W'ilbert \\'. 
Blackman, D.D.S.; Stanley L. Memum. D.D.S.; 
1 redenck H. Howdy, D.D.S.: Bcttie R. McKais, 
D.D.S.: Judith L. Davis, R.D.H.: Sue M. 
Adams, Consumer Member: Cliristinc H. Lock- 
wood. l;xccuti\c Secretan': Bailey, Dixon, Woo- 
ten. McDonald & I-ountain, Legal Counsel. 

1 he Board is planning to relocate its offices, 
etTcctive .August 1, 1*^87. listed below is current 
and future mailing intormation: 

CI RRF Nr 

P.O. Box 170-W 
Raleiah. NC 27619 
(919) S7X-S621 



The Board meets several times a year to 
transact business and it administers the written 
qualifying examinations to applicants for a li- 
cense twice a _\ear in .March and September. 

Infonnation may be obtained from and 
submissions and requests may be made at the 
Board's office located at 1200 Iront Street, Suite 
105. Raleisih, North Carolma 27609, Telephone 
(919) 733-9042. 

NORTH CAROLINA BOARD OF 
LANDSCAPE ARCHLLECLS 

The North Carolina Board of Landscape 
Architects is an occupational licensing board re- 
sponsible for the profession of landscape archi- 
tecture, to include administering examinations, 
issuing certificates of registration, issuing annual 
renewal of certificates of registration, and for in- 
sunnsz comphance with the landscape architects' 
law. '' 

NORTH CAROLINA LANDSCAPE 
CON LRAC LORS' REGISI RAIION BOARD 



NLW ADDRHSS 

P.O. Box 32270 

Ralciszh, NC 27622 

(919) 781-4901 (Proposed) 

NORIH CAROLINA SI ALE BOARD OE 

E.XAMINERS OE ELEC LRICAL 

CONTRACLORS 

The State Board of Examiners of ['lectrical 
Contractors was created b\' ,\rticle 4, Chapter 87, 
of the General Statutes. The Board consists of 
seven members as follows: one member from the 
North Carolina Department of hisurance desig- 
nated by the Commissioner of Insurance; one 
member who is a representative of the North 
C^irolina Association of Electrical Contractors 
designated by the go\eming body of that organ- 
ization: and five members appointed by the 
Cnnemor: one from the facult\ of the Greater 
UniversitN' of North Carolina who teaches or 
docs research in the field of electrical engineering, 
one who is serving as a chief electrical inspector 
of a municipality or county in North Carolina, 
one who has satisfied the requirements for a li- 
cense classified under G.S. 87-43. 3 and who re- 
presents a sole proprietorship, partnership or 
corporation located in North Carolina which is 
actively engaged in the business of electrical con- 
tracting, and two who ha\"e no ties with the 
construction industp." and who represent the in- 
terest of the public at large. 



The North Carolina Landscape Contractors' 
Registration Board is an occupational licensing 
board responsible for the profession of landscape 
contracting, to include administering examina- 
tions, issuing certificates of registration, issuing 
annual renewal of certificates of registration, and 
for insuring compliance with the landscape con- 
tractors' law. 

NORTH CAROLINA MARITAL AND 

EAMILV I HERAPV CER IIEIC.ALION 

BOARD 

The North Carolina Marital and Family 
Therapy Certification Board was estabUshed in 
1979 in accordance with Chapter 31, Article 18C 
of the North Carolina Cieneral Statutes. The 
Certification Act was established to provide a 
structure and procedures which insure that the 
public has a means of protecting itself from un- 
professional, improper, and unauthorized use of 
certain titles by persons who practice marital and 
family therapy. 

Infonnation on the certification process or 
the status of an applicant may be obtained by 
calling 919-748-4657 Monday through Friday 
between the hours of 8:00 a.m. - 5:00 p.m., or 
b\" writing: 

Shelia K. Beck. I xecutive 
Secretary 
N.C. Marital and Famih' Tiicrapy 



jj:> 



yORTH CAROUSA REGISTER 



ST A TIuMEiMS Of ORGAMZA HON 



Certification Board 
Section on Marital and Family 

Therapy 
Bowman Gray School of Medicine 
Winston-Salem, NC 27103 



the North Carolina Board of Medical lixamincrs 
at the address shown above. 

MimVIIKRV lOIM ( OMMinKi: Ol 
THK STAiK OF NOR I H ( AROIINA 



BOARD OF MFDICAL KXAMINKRS OF 
I UK SFAFF OF NOR FH CAROFINA 

IlIS'IORY AND I'L'RPOSI-;: I'he North Ca- 
rolina Board of Medical lixaminers was estab- 
lished in 1859 by legislature of the state of North 
Carolina with the purpose of the proper regu- 
lation of the practice of medicine and surgery. 
It is for that purpose that the Board of Medical 
Examiners exits today. 

COMI'OSiriON: Ihe current Board of Med- 
ical Examiners is composed of eight members. 
Seven of the members are physicians appointed 
by the C}o\emor after being nominated by the 
North Carolina .Medical Society, and one public 
member who is also appointed by the Governor. 

MEETINGS: Pursuant to Statute, the Board 
meets at least annually. Current regularly sche- 
duled meetings are held in the months of Janu- 
ary', March, .May, .June, August, October and 
December. Other meetings are scheduled during 
the year as needed to accomplish the Board's 
purpose. The Board has its greatest contact with 
the public in receiving complaints regarding 
physician behavior and competence and in the 
direct licensure of members of the public who 
satisfy the Board that the>' are competent for li- 
censure to practice medicine in the State of North 
Carolina. 

PUBLIC COMPLAINTS: The public may 
complain regarding practices of physicians or 
concerns regarding the practice of medicine in the 
state by submission of a written complaint stat- 
ing the name of the physician concerned and the 
nature of the complaint. Such complaints can 
be submitted to the office of the North Carolina 
Board of .Medical Examiners which is located at 
222 North Person Street, Suite 214, Raleigh, 
North Carolina, 27601. 'The phone number at 
the office of the Board of Medical Examiners is 
919/833-5321. 

Applicants for licensure to practice medicine in 
the State of North Carolina may make an appli- 
cation upon submitting a request for an applica- 
tion to the North Carolina Board of Medical 
Examiners. L'pon receipt of such licensure re- 
quest the Board will send out appropriate appli- 
cation for the applicant. Any questions from the 
public not addressed herein ma\' be addressed to 



"Midwifery' Joint Committee administers 
the provisions of /Vrticle lOA "Practice of 
Midwifery" by the approval of nurses to practice 
inidwifePt' in North Carolina and by regulation 
of that practice. 

All meetings of the Midwifery Joint Com- 
mittee are open to the public. Persons wishing 
to bring matters to the attention or consideration 
of the Midwifer>' Joint Committee may write the 



Midwifery' Joint (."ommittee, 
Raleigh, NC 27602. 



P. O. Box 2129, 



NOR in CAROLINA STA TK HOARD OF 
MORFl ARV SCIFNC K 

The North Carolina State Board of Mortu- 
ar\' Science was created by Article 13A, Chapter 
90, General Statutes. The Board consists of 
seven members. Six arc elected by the Funeral 
Directors and Funeral Licensees and one is ap- 
pointed by the Governor. The Board office ad- 
ministers the hcensLng of Funeral Homes, 
Funeral Directors, Funeral Service and Embal- 
mers, and has charge of inspecting aU funeral 
homes tliroughout the State of North Carolina. 
Several times a year the Board meets to transact 
business. It gives the written examination to 
applicants for a license twice a year, in the spring 
and fall. 

Any information, submissions or request 
may be directed to the Board office by mail at 
412 North Wilmington Street, Raleigh, N.C. 
27601-1061 or by calling 919-733-9380. 

NORTH CAROLINA BOARD OF NURSING 

"The North Carolina Board of Nursing li- 
censes registered nurses and licensed practical 
nurses; regulates the practice of nursing; approves 
educational units leading to licensure; issues in- 
terpretations of the Nursing Practice Act, and 
maintains a joint subcommittee with the North 
Carolina Board of Medical Examiners for matters 
relating to the performance of medical acts by 
registered nurses. 

All meetuigs of the Board, including Board 
committee meetings, arc open to the public. 
Persons wishing to bring matters to the Board for 
its attention or consideration shall submit the 
request in writing no less than 30 days prior to 
the scheduled regular meeting. I'he Board office 



\ORTU CAROUSA REGISTER 



326 



STA TLMEMS OF ORGAMZA TIOS 



is located at 706 Hillsborough Street, Raleigh, 
NC 27603: mailinsi address is P. O. Box 2129, 
Raleigh, NC 27602. " 

NOR IH ( AROI.INA STAIK BOARD OF 

KXAMINKRS FOR NURSING HOMF 

ADMINISTRATORS 

'Ihe N.C. State Board of Ixaminers for 
Nursing Home Administrators has the following 
functions and duties; 

1 . I5e\elop standards for licensure of 
nursing home administrators. 

2. De\ elopmcnt and administration of 
examinations for Licensure candidates. 

3. Issuance of licenses as nursing home 
administrators. 

4. Establish and implement procedures 

to insure that licensees comply with li- 
censure standards. 

5. hi\'estigation of complaints relating to 
nursing home administrators. 

6. Continuuig stud_\^ for the purpose of 
impro\ements in the standards for Licens- 
ing. 

7. Conduct and review continuing educa- 
tion programs for nursing home adminis- 
trators. 

8. De\elop and implement rules and 
reuulations. 



The North Carolina Board of Occupational 
Therapy licenses Occupational Therapists and 
Occupational Iherapist Assistants to practice the 
profession of Occupational Iherapy in the State 
of North Carolina. Ihe Board is composed of 
six members appointed by the Governor for 
staggered terms from one to four years. The 
Board consists of three Occupational Therapists, 
one Occupational Therapist Assistant, a public 
member and an orthopedic surgeon. I he Board 
receives applications for prospective licensees, 
rc\'iews the applications and if appropriate, issues 
Licenses. It also conducts hearings with regard to 
hcensure and with regard to the furnishing of 
competent occupational therapy sen,ices to the 
citizens of North Carolina. 

The Office of the I3oard is located at Suite 
1921, Center Plaza BuUdmg, 411 Fayetteville 
Street MaU, Raleigh, North Carolina. The 
mailing address of the Board is P.O. Box 2280, 
Raleiiih. North Carolina 27602, and its telephone 
number is (919) 832-1380. The office hours of 
the Board are from 9:00 a.m. to 5:00 p.m. Mon- 
day tlirough Friday. 

NORTH CAROLINA STATE BOARD OF 
OPTICIANS 

The North Carolina State Board of Opti- 
cians is located at 412 North \\'ihnin^ton Street, 
Raleigh, N.C. 27601-1061. The Board consists 
of se\"cn members. 

.Any information, submissions or request 
may be directed to the Board office b>' mail at 
412 North Wilminaton Street, Raleiiih, N.C. 
27601-1061 orbv callintj 91Q-733-932i.^ 



9. Recei\e and disburse funds for the 
operation of the Board. 



NORTH CAROLINA STATF BOARD OF 
FXAMINFRS IN OPTOMETRY 



10. Maintain a register of all applicants 

for licensure and of licensed nursing home 
administrators. 

1 1. De\elop an administrator-in-training 
program to insure that nursing home ad- 
ministrators have adequate training and 
experience prior to licensure. 

Location: 701 Barbour Dnve, 
Room 102: Raleigh, N.C. 27603 
Mailing Address: Same 
Telephone Number: 919 733-6225 
Contact: William .V. .Moon 

NOR TH CAROLINA BOARD OF 
OCCUPATIONAL THFRAPV 



The North Carolina State Board of Exam- 
iners in OptomctPi' was created b\^ Chapter 444 
of the Session Laws of 1909 and its current 
membership consists of seven members, five of 
whom are regularl_\" graduated optometrists who 
have been engaged in the practice of optometr>' 
in this State for at least fi\e \'ears. and two 
members to represent the pubhc at large. .-Ml 
appointments are made by the Governor. The 
Board meets annuall\' and at such other times as 
are necessar>' to conduct the business of the 
Board, including the examination of applicants 
for licensure. Applicants to take the 

clinical practicum examinations conducted b\" 
the Board arc required to submit evidence that 
they have satisfactorily completed each of the 
written portions of the examinations of the Na- 
tional Board of Examiners in Optomctr>' and the 



327 



yORTH CAROUSA REGISTER 



ST A lEMENTS OF ORGAN IZA HON 



Treatment and Management of Ocular Disease 
F,xamination ofTered by the International Asso- 
ciation of Boards of Examiners in Optometry'. 
The Board maintains a computerized data base 
of continuing education credits for all Licensees 
which serves not only to track continuing educa- 
tion credits required for annual renewal of li- 
censes, but makes available to both the Board 
and the practitioner cumulative continuing edu- 
cation data as an aid in continuing competency 
assessment and educational plamiing. In addi- 
tion to its licensing functions, it is the responsi- 
bility of the Board to regulate the practice of the 
profession of optometry. Disciplinary hearings 
before the Board arc conducted in accordance 
with Article 6 of Chapter 90 and Chapter 150B 
of the General Statutes. Information may be 
obtained from and submissions and requests may 
be made at the Board office located at 321 E. 
Main St., PO Box 609, Wallace, NC 28466, 
telephone (919) 285-3160. 

NOR IH CAROLINA BOARD OF 
PHAR.MACY 

The North Carolina Board of Pharmacy is 
located at 602H Jones Ferry Road, Chapel Hill, 
North Carolina. Its mailing address is Post Of- 
fice Box II, Carrboro, North Carolina 27510 and 
telephone number (919) 942-4454. David R. 
Work is Executive Director of the Board. Re- 
quest for information or similar inquiries should 
be made to the Board's office. The members of 
the Board are: WiUiam II. Randall, Jr., Presi- 
dent, Evelyn P. Eloyd, Vice-President, WiUiam 
R. Adams, Jr., Harold Vann Day, Wilham Whi- 
taker Moose, and Joseph B. Roberts, III. 

NORTH CAROLINA BOARD OF 
PHYSICAL THERAPY EXAMINERS 

The North Carolina Board of Physical 
Therapy Examiners is an occupational hcensing 
board which was created by the General Assem- 
bly in 1951. The Physical Therapy Practice Act 
IS found in G.S. 90-270.24 - 90-270.39. 

The Board: 

(1) issues licenses to practitioners of physi- 
cal therapy in order to protect the safety 
and welfare of recipients of physical ther- 
apy services in North Carolina. Both 
physical therapists and physical therapist 
assistants are licensed by the Board. 
Currently there are 1742 physical thera- 
pists holding active licenses with 1188 of 
these residing in North Carolina. There 
are 543 licensed physical therapist assist- 
ants and 452 of them five in the State. 



(2) is charged with the responsibility of 
investigating complaints regarding the un- 
authorized practice of physical therapy in 
North Carolina and acts of licensees that 
violate the Practice Act. 

(3) issues interpretation of questions arising 
from the Physical Therapy Practice Act. 

The Board consists of eight members in- 
cluding one medical doctor, four physical thera- 
pists, two physical therapist assistants, and one 
public member, who represents the interest of the 
public at large and is a person who is not licensed 
under Chapter 90. 

Licenses are granted both by endorsement 
of an active license in another state and by ex- 
amination. Examinations will be held on No- 
vember 2, 1987, February 2, 1988, and July 1, 
1988. 

The Board has adopted rules and regulations 
pursuant to the Administrative Procedure Act 
which arc codified in 21 NCAC, Chapter 48. 

Further infonnation may be obtained by 
writing the Executive Secretary, 2426 Tryon 
Road, Durham, North Carohna 27705. 

NORTH CAROLINA STATE BOARD 
OF F.XA.MINERS OF PLUMBING 
AND HEATESG CONTRAC TORS 

The State Board of Examiners of Plumbing 
and Heating Contractors was created by the 
General Assembly in 1931 pursuant to General 
Statutes 87, Article 2. The Statute contains the 
qualification hcensing requirements for plumb- 
ing, heating and air conditioning contractors as 
defmcd therein. 

The Board's office is located at Suite 806-7 
Raleigh Building, 5 West Hargett Street. The 
mailing address is P. O. Box 1 10, Raleigh, N. C. 

27602. 

The members of the Board, appointed by 
the Governor, pursuant to CjS 87-16 are: 

Eeroy Adams, lumberton, N. C. 

J. F. Seelv, Raleiiili, N. C. 

E. T. Chanlett, Chapel Hill, N. C. 

H. W. Thomas, Concord, N. C. 

Malachi Goforth, Ilendcrsonville, N. C. 

B. C. Miller, Rural Hall, N. C. 

W. E. Garrett, Jr., Greensboro, N. C. 



NORTH CAROLINA REGISTER 



328 



STA Tli.MEMS OF ORCAMZA HON 



NOR m CAROLINA BOARD OF 
FODIAIRV t.XAMINKRS 

The Board of Podiatn' r.xamincrs for the 
State of North Carolina is estabhshed by G.S. 
')0-202.4 of the North Carolina General Statutes. 
The Board consists of four members appointed 
by the Governor. Three of the members arc li- 
censed podiatrists and the other member is cho- 
sen b>- the Governor to represent the public at 
large. 

The Board of Podiatn,' Txaminers for the 
State of North (?art)lina is an occupational li- 
censing Board responsible for the practice of po- 
diatry, including examinations, licensure, 
discipline, continuing education, record keeping 
and other matters pertaining to the practice of 
podiatrs' in the State of North Carolina. 

Information may be obtained from and 
submissions and requests mav be made through 
the Board's Secretary, Mr. David Helberg. 4812 
Gaines Dri\c, Greensboro, North Carolina 
27410, or the Board President, Dr. John H. 
I lodges, 3111 Maplewood A\enue, \\'inston-Sa- 
1cm, North Carolina 27103. Mr. Helbergs 
phone number is 919 2^9-4812 and Dr. Hodges' 
phone number is 919 768-6777. 

NORIH ( AROLINA SIAIK BOARD OF 

FXAMINFRS OF PRAC I ICING 

PSVCHOFOGISrS 

1 he North Carolina State Board of Hxam- 
iners of Practicing Psychologists was established 
in 1967 by an Act of the North Carolina Legis- 
lature known as the Practicing Psychologist Li- 
censmg ,\ct. 'Ihe purpose of the board is to 
pro\ide for the examination and licensure of 
persons who engage m the practice of psychology 
in the State of North Carolina. The mailing ad- 
dress is University HaU, Appalachian State L ni- 
versitv, Boone, North Carolina 28608. 

Telephone (704) 262-2258. 

NOR LH CAROLINA SLALF 

HOARD OF RFCLSLRALION FOR 

PROFFSSIONAL FN(.INFFRS AND LAND 

SLRNFVORS 

The North Carolina State Board of Regis- 
tration for Professional Lngineers and Land Sur- 
ve\ors is established under the pro\isions of 
Chapter 89C of the North Carolina General Sta- 
tutes. Lhe Board is composed of nine members, 
appointed by the Go\emor for a five year term. 
I'here are four (4) Professional Lngineer mem- 
bers, three (3) Registered 1 and Sun.eNor mem- 
bers, and two (2) public members. 



The Board is responsible for the adminis- 
tration and regulation of the professions of engi- 
neering and land sur\e\ing in North Carolina. 
I he Board re\iews applications, administers ex- 
aminations, registers qualified applicants, and re- 
gulates the professional practice of the registrants 
throughout the State. Complaints are investi- 
gated, and those requiring turther action arc 
scheduled for a hearing before the Board. 

Board meetings arc held at the Board's of- 
fices in Raleigla, and are open to the public. 
Persons wishing to bring matters for the Board's 
consideration should submit written notification 
or request to be placed on the agenda at least 20 
da\s prior to the scheduled regular meeting. The 
Board address is 3620 Six Forks Road, Suite 206, 
Raleigh, N.C. 27609; phone (919) 781-9499. 

NORLH CAROLINA RFAL ESTATE 
COMMISSION 

The North Carolina Real Estate Commis- 
sion is a state go\emmcntal aizencv. Its address 
is Post Office Box 17100, Raleigli, NC 27619 
and its telephone number is (919) 733-9580. 

The Commission licenses and regulates real 
estate agents including brokers, salesmen and 
corporate brokers. It handles complaints from 
consumers against licensees. The Commission 
also registers time share projects and regulates 
their sales activities. The Commission has the 
power to take disciplinars" action against its Li- 
censees and time share projects where it deter- 
mines there is a \iolation of the License Law or 
the Time Share Act. 

Departments and personnel in the Real Es- 
tate Commission include the Commission itself, 
consisting of se\cn \olunteer members appointed 
by the Cjovemor. Lhe Executive Director is re- 
sponsible for o\erall administration of the Com- 
mission's staff, and programs and operations in 
accordance with the policies and directives of the 
Commission. Lhe administrati\c section is re- 
sponsible for personnel and financial manage- 
ment, as wcU as general and technical support. 
I he licensing section processes the various ap- 
plications submitted and maintains records on all 
licensees. Lhe education section de\elops stan- 
dard and matenals for pre-liccnsing study, ap- 
pro\es real estate schools and mstructors and 
de\elops and administers the real estate hcense 
examination program. Lhe in\esti'zati\e section 
in\estigates complaints against real estate agents 
and time share sales and management personnel. 
The section also employs auditors who examine 
the trust accounts of real estate firms iind time 



329 



SORTH CAROLI.XA REGISTER 



ST A TEMENTS OF ORGAMZA HON 



share projects. The leizal section conducts in- 
quiries and coordinates investigations of con- 
sumer complaints, prosecutes charges against 
licensees at hearings before the Commission, and 
provides legal counsel to the Commission. 

NOR IH CAROLINA STA I K BOARD OF 
RKFRICKRAIION EXAMINKRS 



Ihe North Carolina Vetcrinarv Medical 
Board is charged with the licensing and regu- 
lation of the practice of veterinar> medicine in 
the State of North Carolina. 1-or submissions, 
requests or further information, please contact 
the Executive Secretary', Thomas F. Zwcigart, 
D.V.M., P. O. Box 12587, Raleigh, North Caro- 
Ima 27605, telephone (919) 733-7689. 



The State Board of Refrigeration FLxamincrs 
licenses persons and firms who install, maintain, 
sen.'ice or repair commercial, industrial or insti- 
tutional refrigeration equipment. This Board 
gives regular examinations in April and October 
of each year. The Board's office is located at 323 
W. Moruan St., Raleiah, N.C. and the mailing 
address is P. O. Box lfJ553, Raleigh, N.C. 27605. 

NORIH CAROLINA CFRTIFICAIION 
BOARD FOR SOCIAL WORK 

The North Carolina Certification Board for 
Social Work is an occupational regulator)' board 
authorized by the Social Worker Certification 
Act, Chapter 90B of the North Carolina General 
Statutes. 

I he North Carolina Certification Board for 
Social Work administers and enforces the pro- 
visions of the Social Worker Certification Act. 
I he primar}' responsibilities of the Board are: 

(1) lo examine and pass on the qualifica- 
tions of all applicants for certification; and 

(2) To establish or approve study or 
training courses. 

1 he North Carolina Certification Board for 
Social Work is composed by law of seven mem- 
bers appointed by the Cjo\emor. Board mem- 
bers shall include four certified social workers and 
three members from the general public. At all 
times the Board shall include at least one mem- 
ber primarily engaged in social work education, 
at least one member primarily engaged in social 
work in the public sector, and at least one mem- 
ber primarily engaged in social work in the pri- 
vate sector. 

Ihe public may obtain information about 
certification or submit applications to the North 
Carolina Certification Board for Social Work, P. 
(). Box 15164. AsheviUe, N.C. 28813-0164, 
Telephone (704) 253-0006. 



NOR FH CAROLINA DFPAR IMFN 1 OF 
COMMLNII V COLLFC.FS 

Ihe Department of Commumty Colleges 
fulfills its administrative responsibilities through 
the foUowing organizational structure: 

Ofiice of the State President with Assistants 
for Board Affairs, State Goscrmnental Affairs 
and Federal Governmental Affairs; an Executive 
Vice President with Directors of Legal Services, 
Personnel Services, Planning Ser\'ices, and Public 
Affairs; and four Vice Presidents of Adult and 
Continuing Education, Finance, Programs, and 
Research and Information. 

The public may obtain infonnation or make 
submissions or requests to the Office of Legal 
Services, Room 150. Caswell Buildum. 200 West 
Jones Street, Raleigh. NC 27603-1337. 

NORTH CAROLINA IIOLSING FFSANCE 
AGENCY 

The North Carolina Housing Finance 
Agency was created h\ the North Carolina Gen- 
eral Assembly in 1973. The purpose of the 
Agency is to help provide affordable housing for 
the state's low and moderate income citizens. 
The Agency obtains funds to meet this goal pri- 
marily through the sale of tax-exempt bonds. 
Funds earned througli Agency operations totally 
pay staff salaries and administrative expenses. 

Organizationally, the Agency is located with 
the Go\'emor's Office. A thirteen member board 
of directors, with expertise in \arious aspects of 
housing, sets policy for the organization and hires 
the Fxecuti\'e Director. Iright members of the 
Board are appointed by the General Assembly, 
four upon the recommendation of the Speaker 
of the I louse of Representati%'es and four upon 
the recommendation of the President of the Sen- 
ate. The Governor also appoints four members 
to the Board of Directors and the members of the 
Board elect a thirteenth member. 



STATE OF NORTH CAROLFSA 
\ ETERINARV MEDICAL BOARD 



'Fhe Agency operates several specific hous- 
ing programs that generally fall within one of 
three program areas: single family homeowner- 



.\ORTH CAROLLXA REGISTER 



330 



STA TtMENTS OF ORGAMZA flOy 



ship; multifamily rental housing; and housing rc- 
habihtation. 

To Obtain Additional Information About 
the AizencN' or to Make Submissions or Requests 

I'or infomiation about the Ageney and its 
programs, contact the North (Carolina Housing 
1-inance Aeency, 3300 Drake Circle (Suite 200), 
Post Office' IJox 2S066, Raleigh. North Carolina 
27611. Telephone: 919-781-6115. Tor general 
infomiation about the .\genc>', interested parties 
should contact the Director of Communications. 
For information, or to make submissions or re- 
quests related to specific programs, the director 
of the applicable program area (single family, 
multifamih' or housing rehabilitation) should be 
contacted. 
139A 

NORIII ( AROLINA OFl ICE OF STATE 
PERSONNEL 

Our purpose as an agency of State Govern- 
ment is to 5er% e the interests of State employees; 
to manage the programs established by the Gov- 
ernor, the Legislature and the State Personnel 
Commission; and to pro\ide specific services to 
the general iiublic. 

The Office of State Personnel is the admin- 
istrative arm of the State Personnel Commission. 
It monitors the pohcies and programs set by the 
State Personnel Commission, establishes proce- 
dures to complement personnel policies, and de- 
velops proposals for new or revised policies for 
Commission consideration. Under the direction 
and guidance of the State Personnel Director, a 
staff of approximately 130, including an assistant 
director and seven division managers, carry out 
the ser\ ices and programs of the OlTice of State 
Personnel. 

The Director's Office provides the leadership 
for the OtTice of State Personnel and its staff of 
personnel professionals. Another area of re- 
sponsibility of the Director's Office is to monitor 
personnel problems within State go\eniment, 
I-ederal laws and pohcies affecting personnel ad- 
ministration, and ratified bills of the N. C. Gen- 
eral Assembly. This division also manages the 
Credentials Verification Program which pro\ides 
for checks on the education and professional 
credentials of emplo_\ees. 

1 he Safet\' and Health Di\ision administers 
the Workplace Requirements for Safety and 
Health Program. The Program's goals are: (a) 
to assist in protecting employees from job-related 
injuries or health impainnent; (b) help in pre- 



venting accidents; and (c) to provide training in 
emergency medical procedures, fonning emer- 
gency plans, and monitoring industrial hygiene, 
housekeeping and sanitation. 

The Administrati\e Senices Division is or- 
ganized into three major sections: Policy Ad- 
ministration, Personnel .Management 
Infonnation Systems (P.MIS), and the Office of 
State Persomiel's Internal Administration. The 
Policy Administration Section develops and 
monitors policies pertaining to the administration 
of the pay plan, leave, hohdays, and other con- 
ditions of employment, and coordmates pohcy 
recommendations with the OtTice of State Per- 
sonnel's managers and the State Personnel 
Commission. The Personnel .Management In- 
formation Systems (P.MIS) maintains computer- 
ized personnel and position data system on all 
employees subject to the State Personnel Act. 
The Internal Administration Section provides 
on-going systematic operation of State Personnel 
including automatmg OSP's operations by the 
use of word processing, electronic tiling and re- 
trieval, and electronic mail and communications. 
This section also coordinates budgeting, pur- 
chasing, marl and supply functions with the De- 
partment of Administration. 

I'he Hmplo>cc Relations Di\ision provides 
services in the research and development of pro- 
grams and pohcies wliich apply modem man- 
agement concepts and practices in the area of 
employee-employer relations, placing emphasis 
on the digmty and value of the individu;il. Pro- 
grams and services of this division include: 
Governor's Awards for Excellence; Ser\ice 
Awards; Wage and Hour Law Administration; 
Pre-retirement Employee's Planning Program 
(PREPARE); Employee Assistance Program; 
Welhicss Improvement for State Employees 
(WISE) Program; Employee 'Management Com- 
munications; Work Planning and Performance 
Review (WPPR). 

The Employee and Management Develop- 
ment Division pro\ides general employee and 
management training programs, staff support, 
and resources for personnel development activ- 
ities for aU State agencies. /Vmong its programs 
and services arc: Public .Manager Program; 
Professional Skills Program; Supervisory' Skills 
1 raininj. Program; Lducational 

Assistance Luition Refund: .Media Services As- 
sistance. 

Lhe Equal Opportunity Services Division is 
responsible for providing leadership for the 
State's Equal Employment and Aflirmative Ac- 
tion Proeram. I echnical assistance for affLmia- 



331 



\ORTfI CAROLISA REGISTER 



ST A TEMEMS OE ORGAMZA HON 



live action planning and implementation is 
pro\idi:d to State and local government agencies, 
and their affirmative action plans and programs 
arc monitored on a regular basis. Specialized 
programs and services offered to meet the special 
and unique needs of protected groups, enhance 
their retention and promotability and to sensitize 
managers to EI:0/AA related issues include: 
Model Cooperative Education Program; Affir- 
mative Action Skills Bank; Affirmative Action 
Outreach Program; Positive Emphasis Program; 
Upward Ntobility Program. 

The Position Management Division has the 

primary' responsibility of establishing and main- 
taining the State's Position Classification and Pay 
Plan for approximately 79,000 positions subject 
to the State Personnel Act. This division also 
has a significant responsibility to 140 local gov- 
ernmental jurisdictions in reviewing and approv- 
ing pay plans for positions in those junsdictions. 
Another duty of this division is the conducting 
of comprehensive salary and benefits surveys to 
assure that State Government salar> levels are 
adequate to attract and retain competent em- 
plo\ees. It al:.o assists in developing and ap- 
proving recommendations for substantially 
equivalent separate SNstems for local government 
jurisdictions. 

I'he Workforce Resources Di\ision admin- 
isters policies guiding recruitment and selection 
for SPA positions and those subject to the Fed- 
eral Standards for a Merit System of Personnel 
Administration. The di\ision also pro\ides as- 
sistance to agencies in particular areas of recruit- 
ment needs and carries out recruitment goals 
advantageous to State government as a whole. 
Some programs and services offered by this divi- 
sion arc: Temporan' Solutions; Careers in Gov- 
ernment Counsclmg and Career Support 
Services; Work Options. Reduction in force and 
priority re-employment policies are administered 
in this division. Other functions include acting 
as liaison and coordinator on major policy mat- 
ters relating to the State, Local Government re- 
lationship under the State Personnel Act, and in 
the interchange of personnel loaned from one 
go\enimental level to another due to an agency's 
need for special skills and knowledges not a\ail- 
ablc within the organization. 

STATi: OF NORTH CAROLFSA OFFICE 
OF ADMIMSFRA ri\ F HEARINGS 

The Office of Administrative Hearings 
(OAII) is an independent, quasi-judicial agency. 
It is one of the twenty-five administrative de- 
partments of state government authorized by 



Article III, Section 11 of the North Carolina 
Constitution. 

The purpose of this agency is to establish 
and carr>' out a uniform system of administrative 
rulemaking and adjudicatory procedures for state 
agencies thereby ensuring that the functions of 
rulemaking, investigation, advocacy and adjudi- 
cation are not all performed by the same group, 
staff or agency in the administrative process. 

The mission of tliis agency is carried out 
througli seven sections within the Office: 

(1) The Adjudicative Staff - 

consists of the Chief Administrative Law 
Judge, who is also the Director of the 
agency, and Administrative I^w .ludges 
responsible for conducting hearings on 
various- grievable issues covered by ad- 
ministrative law. 

The Deputy Director is responsible to 
the Director for all functions of tlie agency 
except adjudications. 

(2) 'Lhe Heanng Staff - 

administers the contested case hearing 
pro\isions, the processing of cases and the 
collection, coding and tabulation of data 
related to cases. 

(3) The Rules Publications Staff - 
performs adnunistrative and technical 
work in the compilation, production and 
publication of the North Carohna Regis- 
ter and the North Carolina Administrative 
Code. 

The Assistant Director is responsible 
for the operation of the I learing Staff, the 
Rules Publication Staff and all computer 
systems. 

(4) 'Lhe Administrative Legal Staff - 
pro\ides counsel or renders opinions to 
OAH staff and outside agencies on ques- 
tions of law within the pur\iew of OAIL 

(5) 1 he Administrative Staff - 

performs ministerial activities invohed in 
personnel, purchasing, payroll, budget and 
public relations. 

(6) The Mediation Staff - 

conducts investigations and seeks resol- 
utions of discrimination cases deterred by 
the Lqual E.mployment Opportunities 
Commission. 



\ORTH CAROLINA REGISTER 



332 



STA TEMENTS OF ORGAMZA TIOS 



(7) The Administrative Rules Review 
Staff - provides professional and adminis- 
trative support to the Administrative 
Rules Re\iew Commission, which is an 
independent body made up of eight 
members appointed by the General As- 
sembly. 

The public ma_\ obtain information about 
and make submissions or requests to the OtTice 
of Administratis e Hearings in person at 424 
North Blount Street, Raleigh, North Carolina, 
b\ mail at Post Otrice Drawer 11666, Raleigh, 
N. C, 27604. and b\- telephone as follows: 

Administrative Staff 
(919j 733-2691 



Rules Staff 
(919) 733-2678 

Hearings Staff 
(919j 733-2698 

Mediation Staff 
(919) 733-0431 

Administrative Rules 

Re\iew Staff 

(919) 733-2721 



The following agencies did not submit a Statement of Organization: Council of State: Go\emor's 
Office; Insurance: Revenue; Transportation: Board of Barber Examiners; State Board of Registration 
for Foresters: Board of Hearing .Aid Dealers and Fitters; Board of Osteopathic E.xamination and Reg- 
istration; Board of Practicing Counselors; Board of Sanitarian Fxamincrs and Board of Fxaminers for 
Speech, Language Pathologists and Audiologist. 



333 



SORIH CAROU.XA REGISTER 



PROPOSED RULES 



I IlLE I - DKPAR I MEM OF 
AD.MIMSIRAHON 

Notice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Department of Administration 
intends to amend regulations cited as I NCAC 35 
.0/03; .0202; .0302; .0303. 

7'he proposed effective date of this action is Jan- 
uary I. /9SS. 

The public hearing will be conducted at 10:00 a.m. 
on September 14, I9S7 at Office of State Person- 
nel Conference Room 3I06T, Administration 
Building, 3rd Floor, 116 West Jones Street, Ra- 
leigh, North Carolina 27603-8003. 

Comment Procedures/ Any interested person may 
present his or her views and comments either in 
writing prior to or at the hearing or orally at the 
hearing. Any person may request information, 
permission to be heard or copies of the proposed 
regulations by writing or calling Fran Tomlin, 
Department of .-idministration, 116 West Jones 
Street. Raleigh, N.C. 27603-S003. {919) 

733-7232. 

ciiapur 35 - siATL i:.mi'kov[:l;s comuim;d 

CA.Ml'AIGN 

SI nioN moo- i'lki'osk and okgamzatio.n 

.0103 ORCAM/ATION OK TIIF CAMPAIGN 

The Campaign Organization is as follows: 
(2) Statewide Combined Campaign Advisory 
Committee. Tliis ongoing committee serves 
as a central application point for all charitable 
organizations applying to participate in the 
S.Iv.C.C. and shall determine if the applicant 
agencies meet the approved criteria listed in 
Rule .0202 of the Chapter. The committee 
recommends overall policy for the campaign 
to the Governor, the Campaign Director and 
necessary state agencies. The committee is 
composed of ten members appointed by the 
chair Director. .Members of the committee 
will initially scr\c staggered terms of one, two, 
and three calendar years determined by the 
Director. A random dra\\ing of 4-flS6 wm»- 
mittc t L: member's names shall determine terms 
of mcmbersiiip , As each member's tenn ex- 
pires, the replacement member will ser\e a 
three calendar year appointment. 

Statutory Authority G.S. 143-3.3; 1 43 B- 10. 

-SICTION .0200- 11 I(;||{| I ORGAM/.ATIONS 
.0202 CKITI RIA FOR ACCII'lAXCK 

(5) If fundraising and administrative expenses 



are in excess of 2 25 percent of total revenue, 
must demonstrate to the satisfaction of the 
Slice that those expenses for this purpose 
arc reasonable under aU the circumstances of 
the case. 

Statuton^ Authority G.S. 143-3.3; I43B-I0. 



SKCTION .0300 



APl'l ICATION I'ROCl SS AND 
SCIIIDLI K 



.0-302 RFSI'ONSE 

All applicants will be notified of their accept- 
ance or rejection within 30 days of the closing 
deadline. Rejections shall t« appealed to^ t4)« 
campaign director within Mi days of receipt of th« 
notice of rejection . Response hv \hii- campaign 
director to \h^ appeal uoU be made within a Fca- 
sonable ArvX timely manner . An applicant who 
is dissatisfied with the determination of the 
Committee may commence a contested case bv 
filing a petition under l.'^OB- J.^ within 30 days of 
recei\ing notice of the determination. An appeal 
wiLl not be allowed to delay the start of the 
campaign. 

Statutory Authority G.S. 143-3.3: I43B-10; 
I50B-23. 

.0,303 FORM AM) CONTFNT OF API'I ICATION 

(7) A letter certilying compliance with the 
eligibility standards listed in Rule .0202 of this 
Chapter including tax exempt status, licens- 
ing, and showing the percentage of funds used 
fof administrative iu+U fundraising purposes 
»o4 the percent expended fof services to the 
public , expended in the categories of Pro- 
gram and Service. Management and (jeneral 
(Administrative) and fundraising. 

Statutory Authority G.S. 143-3.3; I43B-I0. 

TITLE 4 - DEFAR IMENT OF COM.MERCE 

Notice is hereby g'rven in accordance with G.S. 
I SOB- 1 2 that the Credit Union Division intends to 
amend regulation cited as 4 NCAC 6C .0403. 
Loan Limitations to place a limitation on fixed 
rate real estate loans with a remaining maturity 
of more than seven years. 

The propo.sed effective date of this action is Jan- 
uaty I. 1 988. 

The public hearing will he conducted at 10:00 a.m. 
on September 14, I9S7 at Room 4228, Dobbs 
Building, 430 North Salisbury Street. Raleigh, 
N.C. 276/1. 

Comment Procedures: Any interested person may 
present oral or written comments at the Hearing. 



NORTH CAROLINA REGISTER 



334 



PROPOSED RULES 



Written statements not presented at the Hearing 
should be directed to the Credit Union Adminis- 
trator. 430 N. Salisbwy Street. PO Box 25249. 
Raleigh. N.C. 2761 1. Requests to be heard or 
written statements to be presented at the Hearing 
should be directed by September 10. I9S7 to same 
address above. 

ClIAI'll R 6- CRIDIT UMON DIVISION 
SI MCIIAI'IKK 6C - CRI HIT LMONS 
SIXI ION .0400 - LOANS 
.0403 RFAI. FSTATF I OANS 

(a) Loan I imitations. Unless otherwise pro- 
vided in the bylaws, no more than 30 percent of 
the total dollar amount of shares and deposits 
shall be made in fixed rate real estate loans with 
a» a oriuinal remaining maturity of more than 
seven \ears witliout the pennission of the Ad- 
ministrator. 

Statuloty Authority G.S. 54-109.12: 54-109. IS. 

Sotice is hereby given in accordance with G.S. 
I50B-12 that the Credit Union Division intends to 
adopt regulation cited as 4 \CAC 6C .0407. 
Adoption of new Rule .0407 Business Loans will 
exempt federally insured State chartered credit 
unions in S'orth Carolina from having to adhere 
to Federal Rules - .\CUA W 1.21 (hi: 701.21 
(c)(S); and ^01.21 (dj(5 1. 

The proposed effectWe date of this action is Jan- 
uaiy I. I9SS. 

The public hearing will be conducted at 10:00 a.m. 
on September 14, 1987 at Room 4228, Dobbs 
Building, 430 Sorth Salisbwy Street. Raleigh. 
.\'.C. 27611. 

Comment Procedures: Any interested person may 
present oral or written comments at the Hearing. 
Written statements not presented at the Hearing 
should he directed to the Credit L'nion .-idminis- 
trator. 430 \. Salisbwy Street. PO Box 25249. 
Raleigh, S.C. 2^61 1. Requests to be heard or 
written statements to be presented at the Hearing 
should be directed by September 10. 1987 to same 
address above. 

.0407 HUSINKSS LOANS 

(a) Ten Percent Limit. No loan or line of 
credit ad\ance may be made to ;iny member if 
such loan or adx'ance would cause that member 
to be indebted to the North Carolina credit union 
upon loans and advances made to the member 
in aggregate amount exceeding 10 percent of the 
credit union's total unimpaired shares and sur- 
plus. In the case of member business loans, as 



herein defined, additional limitations apply as set 
forth in this Rule. 

(b) Prohibited Fees. A North Carolina credit 
union shall not make an)' loan or extend any line 
of credit if, cither directly or indirectly, any com- 
mission, fee or other compensation is to be re- 
ceived by the credit union's directors, committee 
members, senior management employees, loan 
officers, or any immediate family members of 
such individuals, in connection with underwrit- 
ing, insuring, servicing, or collecting the loan or 
line of credit. However, salary (except commis- 
sions) for employees is not prohibited by this 
Section. For purposes of this Section, "senior 
management employees" means the credit un- 
ion's chief executive officer (typically this indi- 
\idual holds the title of President or 
Treasurer .Manager), any assistant chief executive 
officers (e.g.. Assistant President, Vice President 
or Assistant Treasurer .Manager) and the cliief 
fmancial officer (Comptroller), and "immediate 
family member" means a spouse or other family 
member living in the same household. 

(c) Nonprcferential Treatment. The rates, 
terms and conditions on an\ loan or line of credit 
either made to, or endorsed or guaranteed by: 

(1) an official, 

(2) an immediate famil\' member or an offi- 
cial, or 

(3) any indi\idual having a common owner- 
ship, in\e5tment or other pecuniar>" interest 
in a business enterprise with an official or 
with an immediate family member of an of- 
ficial, 

shall not be more favorable than the rates, terms 
and conditions for comparable loans or lines of 
credit to other credit union members. "Immedi- 
ate family member" means a spouse or other fa- 
mily member li\ing in the same household. 

(d) Member Busmess Loans. 
(1) Defmitions. 

(A) "Member business loan" means any 
loan, line of credit, or letter of credit, the 
proceeds of which will be used for a 
commercial, corporate, business, or agri- 
cultural purpose, except that the following 
shall not be considered member business 
loans for purposes of this Section: 
(i) A loan that is fully secured by a lien 
on a one to four famih' dwelling that is: 
(I) the member's primary residence; or 
(11) the member's secondarv' residence; 
or 
(III) one other such duelling owned by 
the member, 
(ii) A loan that is full)' secured by shares 
in the credit union or deposits in other 
financial institutions, 
(iii) A loan, the proceeds of which are used 
for a commercial, corporate, business. 



335 



.\ORTH CAROLLXA REGISTER 



PROPOSED RULES 



or agricultural purpose, made to a bor- 
rower or an associate member (as de- 
fined herein), wliich, when added to 
other such loans to the borrower or as- 
sociated member, is less than twenty- 
five thousand dollars ($25,000). 
(iv) A loan, the repayment of which is 
fully insured or fully guiu-antced by, or 
where there is an ad\'ancc commitment 
to purchase in full by, any agency of the 
Federal government or of a state or any 
of its political subdi\isions. 

(B) "Rcser%'es" means all reserves, Lncluding 
the .-Vllowance for Loan Losses account, 
and undi\ided earnings or surplus. 

(C) "Associated Member" means any 
member with a common ownership, in- 
\estment or other pecuniary interest in a 
business or commercial endea\or. 

(D) "Immediate Family Member" means a 
spouse, or other family member living in 
the same household. 

(2) Requirements. A North CaroLina credit 
union may make member business loans 
only in accordance with the applicable pro- 
visions of this and all other Rules promul- 
gated by the North (rarohna Credit Lnion 
Administrator, including the following re- 
quirements: 

(A) Written Loan I'ohcics. The board of 
directors must adopt specific business loan 
pohcies and re\iew them at least annually. 
The policies shall, at a minimum, address 
the foDowing: 

(i) Lypes of business loans that wUl be 
made . 
(ii) '['he credit union's trade area for busi- 
ness loans, 
(iii) Maximum amount of credit union as- 
sets, in relation to reserves, that will be 
invested in business loans, 
(iv) .Maximum amount of credit union 
assets, in relation to reserves, that will 
be invested in a gi\en categoPi' or type 
of business loan. 
(v) Maximum amount of credit union 
assets, in relation to reserves, that will 
be loaned to any one member or group 
of associated members as herein de- 
fined, 
(vi) Qualifications and experience of per- 
sonnel in\'oKed in making and admin- 
istering business loans. 
(\ii) Analysis of the ability of the borrower 
to repay the loan. 
(\iii) The following considerations shall be 
addressed unless the board of directors 
finds that they are not appropriate for 
a particular type of business loan and 
states the reasons for those fmdings in 



the credit union's written policies: bal- 
ance sheet, trend and structure analysis; 
ratio analysis of cash flow, income and 
expenses, and tax data; leveraging; 
comparison with industry averages; re- 
ceipt and periodic updating of fmancial 
statements and other documentation, 
including tax returns. 

(ix) Collateral requirements, including 
loan-to-value ratios; appraisal, title 
search and insurance requirements; 
steps to be taken to secure various types 
of collateral; and how often the value 
and marketability of collateral is reeval- 
uated, 
(x) Appropriate interest rates and matu- 
rities of business loans. 

(xi) Loan monitoring, servicing and fol- 
low-up procedures, including collection 
procedures, 
(xii) Provision for periodic disclosure to the 
credit union's member of the number 
and aggregate dollar amount of member 
business loans, 
(xiii) Identification, by position, of those 
senior management employees prohib- 
ited from receiving member business 
loans by Section (e) of this Rule. 

(B) Business Loans to One Borrower. 
Unless a greater amount is appro\cd by 
the North Carolina Credit L'nion Admrn- 
istrator, the aggregate amount of out- 
standing member business loans to any 
one member or group of associated 
members shall not exceed 20 percent of 
the credit union's reserves. If any portion 
of a member business loan is fully secured 
by a one to four family dwelling that is the 
member's primary residence, secondary 
residence, or one other such dwelling 
owned by the member, or by shares in the 
credit union, or deposits in another finan- 
cial institution, or insured or guaranteed 
by, or subject to an advance commitment 
to purchase by, any agency of the Federal 
goxcmment or of a state or any of its 
political subdivisions, such portion shall 
not be calculated in determining the 20 
percent limit. Credit unions seeking an 
exception from the 20 percent limit must 
present the Administrator with, at a min- 
imum: the higlier limit souglit; an expla- 
nation of the need to raise the limit; an 
anahsis of the credit union's prior experi- 
ence making member business loans; and 
a copy of its business lending policy. 

(C) /Vllowance for Loan Losses. 

(i) The determination whether a member 
business loan will be classified as sub- 
standard, doubtful, or loss, for purposes 



\ORTH CAROLINA REGISTER 



336 



PROPOSED RULES 



of the \aluation allowance for loan 
losses, will rely on factors not limited 
to the delinquency of the loan. Non- 
delinquent loans may be classified, de- 
pending on an evaluation of factors, 
including, but not limited to, the ade- 
quacy of analysis and documentation. 
(ii) 1 oans classified shall be reserved as 
follows: 

(1) Substandard loans at ten percent 
of outstanding amount unless other 
factors (e.g., history' of such loans at 
the credit union) indicate a greater or 
lesser amount is appropriate. Loans 
classified as substandard loans are in- 
adequatels protected by the current 
sound worth and paying capacity of 
the obligor or of the coUateral 
pledged, if any. I oans classified must 
ha\e a well-defined weakness or 
weaknesses that jeopardize the Hqui- 
dation of the debt. They are charac- 
terized by the distinct possibility that 
the credit union will sustain some 
loss if the deficiencies arc not cor- 
rected. Loss potential, while existing 
in the aggregate amount ol substand- 
ard loans, does not have to exist in 
individual loans classified substand- 
ard. 
(II) Doubtful loans at 50 percent of 
outstanding amount. Loans classi- 
fied as doubtful loans have all the 
weaknesses inherent in ones classified 
substandard, with the added charac- 
teristic that the weaknesses make 
collection or liquidation in full, on 
the basis of currently existing facts, 
conditions, and values, higlily ques- 
tionable and improbable. The pos- 
sibility of loss is extremely high, but 
because of certain important and 
reasonably specific pending factors 
which may work to the advantage 
and strengthening of the loan its 
classification as an estimated loss is 
deferred until its more exact status 
may be determined. Pending factors 
include: proposed merger, acc]uisi- 
tion, or liquidation actions, capital 
injection, perfecting liens on addi- 
tional coUateral, and refinancing 
plans. 
(Ill) I OSS loans at 100 percent of out- 
standing amount. Loans classified 
as loss loans arc considered un- 
collectible and of such little \alue that 
their continuance as loans is not 
warranted. This classification docs 
not necessarily mean that the loan 



has absolutely no reco\cry or salvage 
value, but rather it is not practical or 
desirable to defer writing off this bas- 
ically wortlilcss asset even though 
partial recovery may occur in the fu- 
ture. 

(e) Member Business Loan Lrohibitions. 

(1) Senior Management Employees. A North 
Carolina credit union may not make mem- 
ber business loans to the following non-vo- 
lunteer, senior management employees, or 
to any associated member or immediate fa- 
mily member of such employees: 

(A) .Any member of the Board of Directors 
who is comipensated as such. 

(B) The credit union's cluef executive offi- 
cer (typically tliis individual holds the title 
of President or Treasure/Manager). 

(C) Any assistant cliief executive officers 
(e.g.. Assistant President, Vice President, 
or Assistant Treasurer 'Manager). 

(D) The cliief fmancial olTicer (Comp- 
troller). 

(2) "Equity Kickers." A North CaroUna cre- 
dit union shall not grant a member business 
loan where a portion of the amount of in- 
come to be rccci\ed by the credit union in 
conjunction with such loan is tied to the 
profit of the business or commercial en- 
deavor for which the loan is made. 

(f) Lifcctive Date. 

(1) 1 his Rule is effective as of Januan 1, 
1988. On and aficr that date, a North Ca- 
rolina credit union may make member busi- 
ness loans only after adopting and 
implementing written loan policies as re- 
quired by this Rule. AU member business 
loans made on or after that date must be in 
fuU compliance with tliis Rule. 

(2) On or before January 1, 19S8, a North 
Carolina credit union must notify the North 
Carolina Credit Union Administrator, in 
writing, of any outstanding member business 
loans made prior to that date that do not 
satisfy the requirement of this Rule. 

Staiutoiy Auihohiv G.S. 54-100.12: 54-109.21 
(25): 54-109.78:' Federal Regulation \CU.l 
741.3. 

riTLE 10 - DEPARTMENT OE HI >LAN 
RESOERCES 

Notice is hereby gix'en in accordance with G.S. 
I50B-I2 thai the Coininission for Mental Health. 
Mental Retardation and Substance Abuse Setyices 
intends to amend attd repeal regulations cited as 
10 .\CAC I4E .0101: I4F .0101 through .0110: 
.0201 and .0202: .030/ through .0305: -0401 
through .0405; .0501 through .0507; 45G .0308. 



337 



.\ORrH CAROLINA REGISTER 



PROPOSED RULES 



The proposed effective date of this action is 
December I, 1987. 

The public hearing will be conducted at 1 1 :00 a.m. 
on September 16, I9S7 at Ramada Inn-Crabtree, 
390 Arrow Drive, Raleigh, .VC 276/2. 

Comment Procedures: Any interested per.wn may 
present hisiher views and comments by oral 
presentation at the hearing or by .submitting a 
written statement. Persons wishing to make oral 
presentations should contact: .Ian Wairen, A.P.A. 
Coordinator, Division of Mental Health. Mental 
Retardation and Substance Abuse Services, 325 
N. Salisbury Street, Raleigh, North Carolina 
27611, (919) 733-797/ by September /6, /987. 
The fiearing record will remain open for written 
comments for 30 days from August /S, /9S7 
through September /6, /9S7. Written comments 
must be sent to the .A.P.A. Coordinator at the 
address specified above by September /6, 1987 
and must state the proposed nde or rules to which 
the comments are addressed. 

CHAPTI R 14 - MKNTAL HEALTH: GENERAL 

SUHCILVPTER 14K - MEDICATIONS GLIDELLNES 

SECTION .0100 - SCOPE OF MEDICATIONS 
GLIDELINLS 

.0101 CROSS-REFERENCE (REPEALED) 

Statutory Authority G.S. /43/3-/47(a)( / ). 

SLHCIIAPTER 14F - MEDICATION SERVICES 

SECTION .0100 - MEDICATION ADMINISTRATION 
COURSE FOR HEALTH CARE PERSO.NNEL 

.0101 PURPOSE AND SCOPE (REPEALED) 
.0102 COURSE RFOUIREMENTS (REPEALED) 
.0103 FACULTY REQUIREMENTS (REPEALED) 
.0104 TRAINEE REQUIREMENTS (REPEALED) 
.0105 TRAINING AND EXAMINATION 

(REPEALED) 
.0106 FUNCTIONS OF THE CERTIFIED 

MEDICATION TECHNICIAN (CMT) 

(REPEALED) 
.0107 MAINTENANCE OF CERTIFICATION 

(RECERTIFICATION) (REPEALED) 
.0108 FAILURE TO RENEW CERTIFICATION 

(REPEALED) 
.0109 REVOCATION OF CERTIFICATION 

(REPEALED) 
.0110 REINSTATEMENT OF CERTIFICATION 

(REPEALED) 

Statutoiy Authority G.S. t43B-/47(a)( / )a. 

SECTION .0200 - MEDICATIONS GUIDELINES: 
GENERAL 

.0201 PURPOSE (REPEALED) 
.0202 APPLICATION (REPEALED) 

Statutory Authority G.S. /43B-/47. 



SECTION .0300 - PRESCRIBING MEDICATION 

.0301 DEFINITIONS (REPEALED) 

.0302 AUTHORIZED PRESCRIBLRS (REPEALED) 

.0303 CONDITIONS ON CERTAIN PRESCRIBERS 

(REPEALED) 
.0304 VERBAL ORDERS (REPEALED) 
.0305 DELEGATION OF AUTHORITY 

(REPEALED) 

Staiutoiy Authority G.S. 90-/8: 90-/8{ /3)(b); 
90- /S./; 90-/8.2: 90-85.3; / 438-/ 47. 

SECTION .0400 - DISPENSING AND COMPOUNDING 

.0401 DEFINITIONS (REPEALED) 

.0402 AUTHORIZED COMPOUNDERS (REPEALED) 

.0403 DISPENSING (REPEALED) 

.0404 RESTRICTIONS ON DISPENSING 

(REPEALED) 
.0405 DISPENSATION BY EMERGENCY ROOM 

NURSES (REPEALED) 

Statutory Authority G.S. 90-/8./; 90-/8.2; 
90-/8.3; 90-85.3; 90-85.6; /43B-/47. 

SECTION .0500 - ADMINISTRATION 

.0501 DEFINITION (REPEALED) 
.0502 PERSONS AUTHORIZED TO ADMINISTER 
MEDICATIONS (REPEALED) 

Statutoiy .Authority G.S. 90-85.3; 1 43 B-/ 47. 

.0503 LIMITATIONS AUTHORIZED PERSONNEL 

ADMINISTERING MEDICATIONS 

(REPEALED) 
.0504 AUTHORIZED FUNCTIONS OF THE CMT 

(REPEALED) 
.0505 THE AUTHORIZED FUNCTIONS OF THE 

LPN (REPEALED) 
.0506 THE PROHIBITED FUNCTIONS OF THE 

IICT (REPEALED) 
.0507 THE PROHIBITED FUNCTIONS OF THE 

LPN (REPEALED) 

Statuton- Authority G.S. 90-/8./; 90-/8.2; 
90-85.3; 90-/7/. 20; 143B-/47. 

SUBCHAPTER 45G - MANUFACTURERS: 

DISTRIBUTORS: DISPENSERS AND RESEARCHERS 

OF CONTROLLED SUBSTANCES 

SECTION .0300- PRESCRIPTIONS 

.0308 USE OF SYNTHETIC CANNABINOIDS 
IN SCHEDULE II 

Practitioners licensed pursuant to Chapter 90, 
Article 5, may dispense the following s\nthetic 
cannabinoids Dronabinol (synthetic) in- se> . amc 
©ti M«i encapsulated m » ^ift aelatin capsule hi 
a U . S . l-'ood aftti l^nig Administration approved 
dmg product only as an antiemetic agent m can- 
cer chemotherapy: 
(1) Dronabinol (s>nthetic) in sesame oil 

and encapsulated in a soft gelatine capsule in 
a L'.S. I'ood and Drug Adnumstration ap- 



proved drug product: and 
(2) Nabilone. 



SORTH CAROUi\A REGISTER 



338 



PROPOSED RILES 



Stalulon A ulhority 
90-101 i'h 1 : 1 43 B- 147. 



G.S. 90-90: 90-/00; 



\ulicc is hereby given in accordance with G.S. 
I SOB- 1 2 thai the Division of Medical Assistance 
intends to adopt, amend and repeal regulations 
cited as 10 SCAC 26 H .0106: .0204: .0304: 10 
\CAC 261 .0202: JO XCAC 26J .0103 - .0111: 
.0201 - .0206; 10 SCAC 26K .0001 - .0006. 

The proposed effective date of this action is Jan- 
uary I. I9SS. 

I'he public hearing will be conducted at 1 :30 p.m. 
on September 14, 19S7 at North Carolina Division 
of Medical .Assistance, I9S5 L'mstead Drive, 
Room 201. Raleigh, S.C. 2^611. 

Comment Procedures: Written comments con- 
cerning these amendments, repeals and adoptions 
must be submitted by September 14. 19S7 to: 
Director, Division of Medical .Assistance, 19S5 
L'mstead Drive, Raleigh, A'.C. 27603. Oral com- 
ments may be presented at the hearing. 

CllAI'lL K 26 - MtUICAL SF:R\ ICES 

SLliCIIAl'IhR 2611 - HllMBLRSEMEM PLANS 

SFCTION .OHIO- RFIMBLRSFMFNT FOR SKII FFD 

NLRSINC FACILITY AM) INTFRMFDIATF CARK 

FVCILITV SERVICES 

.01(16 APPEALS 

(a) Prcniders may appeal their rate determi- 
nations. These appeals will be processed ac- 
cording to procedures set forth in -1-Q NCAC 26J- 
. 0200 , In NC.AC 26K. 

Authority G.S. 10SA-25(bl; 108.4-54: lOSA-55; 
ISOB-ll: S.L. 19S5, c. 479, s. 86; 42 CFR 447, 
Subpart C. 

SECTION .0200- HOSPITAL INPATIENT 
REIMI$LRSEMENT PLAN 

.0204 AI)MINISTRATI\ E APPEALS 

(a) Appeals of rate dctermmations will he pro- 
cessed in accordance with the provisions of 4-0 
NCAC 2a OOJn, _10 NCAC 26K. Appeals must 
be submitted to the Di\ision of Medical .Assist- 
ance within 60 days after rate notification, unless 
unexpected conditions causing intense fmancial 
hardship arise, in which case an appeal may be 
considered at an\ time. 

Authority G.S. l08A-25ibi: 108A-54: 108.1-55: 
150B-11; S.L. 1985, c. 4'9. s. 86: 42 CFR 44^, 
Subpart C. 

SECTION .0100- ICF-MR PROSPECTI\ E RATE PLAN 
.0304 PRO\ IDER .VPPEAI S 



Rate appeals must be filed in writing within 60 
days after a provider receives notification of its 
prospective rate. Such appeals will be processed 
ifi accordance with the provisions of 4U NCAC 
2^41300, 10 NCAC 26K. 

Authority G.S. 108A-25(bJ; 108A-54; 108.4-55; 
150B-11: S.L. 1985, c.479, s.86; 42 CFR Part 
44'', Subpart C. 

SLBCIIAPTER 261 - APPEALS PROCEDLRE FOR 

LEVEL OF CARE CHANGES IN LONG TER.M CARE 

FACILITIES ANU HOSPITAL INPATIENT STAY 

SECTION .0200 - RECONSIDERATION PROCEDLRE 
FOR HOSPIIAL UTILIZATION RE\ lEW 

.0202 PROCESS 

(a) When the Utilization Review Section re- 
\iews a recipient's chart and determines there was 
an excessi\'e length of stay, a letter of notification 
is sent to the pro\ider. The letter of notification 
includes the reason for the determination t-be 
amount ta bs- reco\ered ^- ik^ medicaid agency , 
a«d- tke time limitation £&f submitting a rcqucv '. t 
i^f- reconsideration, and the amount proposed 
to be reco\ered bv the agenc\ . Ipon receipt of 
such a letter of notification, the provider ma\" re- 
quest a reconsideration re\iew in accordance with 
10 NCAC 2^K. If more than one provider's 
ser\ices are being contested for one recipient's 
excessi\e length of sta\ . the reconsideration re- 
view will apply to all providers of the service. 

(t4 /\n> request fof reconsideration re\ iew 
must be- submitted within M^ da>s oi receipt of 
ih^ letter oi notification , Xh« request i^f recon - 
sideration re\ icw must be i» vvriting. '-iie request 
must h^ *«wt. tei (,'hief l , lili,''.ation Re\ iew Sec - 
tion, Div ision ©f .Medical Assistance, 19S5 Cm - 
stead Dnve , Raleigh , North Carolina 2760,^ , 
Documentation ta support ih^ lengths ©f stay 
should b© included u ith the- request fof recon - 
sideration review such a* additional medical pe- 
cords , medical reports , aoJ medical fact s 
regarding tb* recipient's condition which affected 
length oi sta\' , 

te4 BuJ documentation included ift the request 
fop reconsideration re\ iew u-ill be reviewed by the- 
Div ision of Medical Assistance , 4ie prov ider 
wili be notified ©f the division's decision w ithin 
three weeks , 

(4^ if the documentation included ift the fe- 
que.st fop reconsideration review does fu-O- support 
the need fop continued stay, the onginal decision 
sw4l be upheld , 

(e4 Within Ui dav s (4 the receipt ©f notification 
that the original decision wa^ upheld , the ppo- 
vider mav' submit a request fop aft executive pe- 
view , Ifbe request must be pft writing t©; Chief 
I tili.^ation Rev iew Section. Division t4 Medical 
.Assistance , b")S i 5 I "instead Drive , Raleigh, North 
■ Carolina 27h03 , 



339 



.\ORTH CAROLLXA REGISTER 



PROPOSED RULES 



(44 Xhe- l^ia-clor of ttwi Di\ision oi Medical 
Assij - lanct; w+U scht'di i l i j »» excci i tivt: review 
within t-w« weeks oi t-tui receipt id tbc request . 
lOi^j executive re-view wiU be conclucled W »ft 
executive re\iew officer , Xivi cxecuti\'e review 
officer's decision will be final . 

(^ When reconsider,'.(tion rc\iew ot executive 
re\iew ts mrt requested within Xivi. time limita - 
tions specified ift K - iragraphs (b) and- (e) »f tbi* 
Rule , anJ tl«i provider shows good cause fof bi* 
failure to da so, be may make aft administrative 
ap]ieal to tbe (,'hicf of tbc I tili , '',ation Review 
Section , Xiv^ QXwd of l - tili.<alion Review Ji«c- 
tioft i^ tbe final authority iof- such administrative 
allowances . 

(b4 Staff of tbc Division of Medical Assistance 
Of executive re\iew officer responsible fof fc- 
viewing cases wiU ha\e neither a financial interest 
lA tbe hospital nor any professional &(■ personal 
association with tbc recipient being reviewed . 

(i) Xbe identity of tbc recipient wiU remain 
confidential , 

Authority G.S. IOSA-25(b): 42 C.F.R. 456. 

SUBCHAPTFR 26.1 - TITI F XIX REIMBLRSFMFNT 
AM) ADMIMSTRATIVF RFVIFW PROCESS 



Statutory Authority G.S. 108A-25(b). 

.0105 REQUEST FOR ADMIMSTRATIVF 

CONEFRENCE (RFI'FAI FD) 
.0106 REPRESENTATIVE FOR THE PROVIDER 

(REPFAEFD) 
.0107 ADMINISTRATIVE CONFERENCE TO BE 

HELD (REPEALED) 
.0108 PROPOSED DIVISION DECISION 

(REPEALED) 
.0109 RECONSIDERATION OF PROPOSED 

DECISION (REPEALED) 
.0110 FINAL DIVISION DECISION 

(REPEALED) 
.0111 DEPARTMENTAL REVIEW AND FINAL 

DECISION (REPEALED) 

Statutory Authority G.S. /08A-25(b). 

SECTION .0200 - RATE REVIEW PROCESS 

.0201 ADMINISTRATIVE CONFERENCE 

(REPEALED) 
.0202 RFQLIF:ST for ADMINISTRATIVE 

CONFERENCE (REPEALED) 
.0203 REPRESENTATIVE FOR THE PROVIDER 

(REPEALED) 
.0204 ADMINISTRATIVE CONFERENCE TO BE 

HELD (REPEALED) 
.0205 PROPOSED DIVISION DECISION 

(REPEALED) 
.0206 FINAL DECISION (REPEALED) 



SECTION .0100 - AUDIT REVIEW PROCESS 
.0103 NOTICE OF PROGRAM REIMBURSF'MFNT 

{a} Based on the audit findings anU infomiation 
gained through tbc- exit conference , tbc auditing 
wait shall recommend a Notice of Pro\ider Re- 
imburscmcnt be sent by tbc Di\ision of Medical 
Assistance which shall state tbc amount of fc- 
imbursement . A» explanation of tbc provider's 
rights to aft administrali\c conference shall ako 
be sent , the l)i\ision of Medical Assistance will 
issue to the provider a Notice of Program Re- 
imbursement which shall state the amount of re- 
imbursement, if any, payable to the Division of 
Medical Assistance or payable to the provider. 

{h} Itt accordance with tbc North Carolina 
State Plan for Reimbursement fof Skilled Nurs - 
iog Facility and Intermediate Care Facility Set- 
vices , codified a* Regulations 4-0 NCAC 2MX 
, Ofl ( H through ,flflfl6 , a notice of gojU. related re- 
imhursement is to be issued to tbe provider . 

Statutory Authority G.S. l08A-25(b). 

.0104 KFCONSIDIRATION RFV1!:W 

(*} iollowing receipt of the Notice of Program 
Reimbursement, a provider may file a request for 
aft administrative conference a reconsideration 
rc\iew with the Di\ision of XFedical Assistance 
in accordance with UJ NCAC 26K. 

(44 Afty request must be made uithin tbc time 
period designated ift tbc Notice of Program -Rc- 
imhursement . 



Statutoty Authority G.S. /0SA-25(b); /0SA-S4; 
l50B-li. 

SUBCHAPTER 26K - TITLE XIX APPEALS 
PROCEDURES 

.0001 PURPOSE AND SCOPE 

The purpose of these regulations is to specify 
the rights of providers to appeal reimbursement 
rates, payment denials, disallowances, payment 
adjustments and cost settlement disallowances 
and adjustments. Provider appeals for program 
integrity action are specified in 10 NCAC 26G. 

Authority G.S. IOSA-25{b); IOSA-54; I50B-II; 
42 U.S.'C. 1396(b). 

.0002 PETITION FOR RECONSIDERATION 
REVIEW 

(a) A provider may request a reconsideration 
review within 30 calendar days from receipt of 
final notification of payment, payment denial, 
disallowances, payment adjustment, notice of 
program reimbursement and adjustments and 
within 60 calendar days from receipt of notice of 
an institutional reimbursement rate. Final no- 
tification of payment, payment denial, disallow- 
ances and pa\'ment adjustment means that all 
administrative actions necessary to have a claim 
paid correctly have been taken by the provider 
and DMA or the fiscal agent has issued a final 
adjudication. If no request is received within the 
respective 30 or 60 day periods, the state agency's 
action shall become fmal. 



\ORTH CAROLINA REGISTER 



340 



PROPOSED RULES 



(b) A request for reconsideration re\iew must 
he in writing and signed by the pro\idcr and 
contain the pro\ider's name, address and tele- 
phone number. It must state the specific dissat- 
isfaction with DMA's action and should be 
mailed to: Appeals, Division of Medical Assist- 
ance at the di\'ision's current address. 

(c) The provider may appoint another indi\'id- 
ual to represent him. A written statement setting 
forth the name, address and telephone number 
of the representative so designated shall be sent 
to the above address. The representati\'e may 
exercise any and all rights given the provider in 
the review process. Notice of meeting dates, re- 
quests for information, hearing decisions, etc. will 
be sent to the authorized representative. Copies 
of such documents will be sent to the petitioner 
only if a written request is made. 



Authontv G.S. IOSA-25(b): 
42 L'.S.'C. 1396(b). 



IOSA-54; I50B-1I. 



.0003 RECONSIUtRATION REVItW PROCESS 

(aj Upon receipt of a tiineh- request for a re- 
consideration re\iew. the Deputy Director shall 
appoint a reviewer or panel to conduct the re- 
\'iew. DMA w ill arrange with the provider a time 
and date of the hearing. The provider must re- 
duce his arguments to writing and submit them 
to DM.\ no later than 14 calendar days prior to 
the rc\iew. Failure to submit written arguments 
within this time frame shall be grounds for dis- 
missal of the reconsideration, unless the division 
within the 14 calendar da\' period aerees to a de- 
lay. 

(b) The provider wUl be entitled to a personal 
review meeting unless the provider agrees to a 
review of documents only or a discussion by 
telephone. 

(c) FoUowmg the review, D.MA shall, within 
30 calendar days or such additional time there- 
after as specified in writing during the 30 day pe- 
riod, render a decision in writing and send it by 
certified mail to the provider or his represen- 
tative. 

AuihorilY G.S. IOS.A-25(b): JOSA-54: I50B-II; 
42 i'.S.'C. 1 3961 b). 

.0004 PETITION rOR .\ CONTESTED C.VSE 
HE.VRIN(; 

If the provider disagrees with the reconsider- 
ation review decision he mav' rccjuest a contested 
case hearin2 in accordance with 10 NCAC IB 
.0200. 

Aui/writv G.S. /0SA-25(bi: IOSA-54: I50B-II: 
42 L.S.'C. I396{b). 

.0005 P.S.NMENT ST.\TLS 



Once a fmal overpayment or fmal erroneous 
payment is determined by DMA to c>dst, action 
will be taken immediately to recover such over- 
payment or erroneous pavment. If the provider's 
appeal is successful, repayment will be made to 
the provider. 

Auihorilv G.S. IOSA-25(b): IOSA-54: I50B-II; 
42 L.S.'C. I396ib)(d)(2j. 

.0006 PROVIDER UII IINGS TO RECIPIENT 

fal Providers may not bill .Medicaid recipients 
for an\' Medicaid covered services provided to 
recipients unless the provider has specifically in- 
formed the recipient and the recipient has specif- 
ically understood he will be charged for the 
ser\'ices. This provision is meant to protect the 
recipient from being billed for services which the 
recipient anticipates vv iU be paid for by Medicaid. 

(b) A provider may not bill a .Medicaid recipi- 
ent for Medicaid services for which it receives no 
reimbursement from the state agency because the 
provider failed to follow program regulations. 

(c) A provider who accepts a patient as a 
Medicaid patient agrees to accept Medicaid pay- 
ment plus any authorized co-payment and third 
party payment as payment in fuU, except that a 
provider may not deny services to any \ledicaid 
patient on account of the individual's inability to 
pay the co-pav amount. 

Auihoritv G.S. IOSA-25(bj: IOSA-54: I50B-II: 
42 CFR 44^.15. 

TITLE 12 - DEPART.MENT OF JISTICE 

\oiice « hereby given in accordance with G.S. 
I50B-I2 that the Sorth Carolina Alarm Systems 
Licensing Board intends to amend regulation cited 
as 12 \C AC II .0103. 

The proposed effective date of this action is Jan- 
uary I. I9SS. 

The public hearing will be conducted at 1 :00 p.m. 
on \ovember 10, 1987 at McKimmon Center. 
Western Boulevard at Gorman Street, Raleigh, 
\C. 

Comment Procedures: Those persons interested 
in llling a response to the rule change must do so 
bv writing: .lim Kirk. .Idministrator, P.O. Box 
29500. 'ialeigh. .\C 2''626-0500. 

CII.APTER II - N.C. .A.E.\RM SYSTEMS LICENSING 
BO.VRD 

SECTION .OHIO - ORG.\NIZ,\TION .\NI) GENER.VL 
PROVISIONS 

.0103 DEEINITIONS 

(13) 'j-mplovec" means a person who has an 



341 



.\ORTH CAROLISA REGISTER 



PROPOSED RULES 



agreement with a licensee to perform alarm 
systems business activities under the direct 
supervision and control of the licensee, for 
whose services any charges are determined, 
imposed and collected by^ the licensee, and for 
whose alarm systems business activities tEe 
licensee is legally liable. 

Statutory Authority G.S. 74D-5. 

TITLE 14A DEPARTMENT OF CRIME 
CONTROL AND PUBLIC SAFETY 

Notice is hereby given in accordance with G.S. 
1 508- 1 2 that the Victim & Justice Services Divi- 
sion intends to adopt and repeal regulations cited 
as 1 4.4 NCAC II .0201 through .0216; .0401 
through .0416. 

The proposed effective date of this action is Jan- 
uary I, I9S8. 

The public hearing will be conducted at 10:00 a.m. 
on September 14, I9S7 at The Library, Second 
Floor, Archdale Building. Raleigh, North Caro- 
lina. 

Comment Procedures.' .4ny interested person may 
present comments relevant to the action proposed 
at the public hearing either in written or oral form. 
Written statements not presented at the public 
hearing may be directed prior to September 14, 
1987 to the .Administrative Procedures Coordina- 
tor, Second Floor, Archdale Building, 512 N. 
Salisbury Street, Raleigh or P.O. Box 27687, Ra- 
leigh, NC 2761 1-7687. 



Statutory Authority G.S. 
I43B-507. 



I43B-500 through 



CHAPTFR U 



DIVISION OF VICTIM AND JUSTICE 
SERVICES 



SECTION .0200 - COMMUNITY PENALTIES 
PROGRAM 

.0201 PURPOSE AND INTENT (REPEALED) 
.0202 ELIGIKILITV FOR FINANCIAL 

ASSISTANCE (REPEAIED) 
.0203 ALLOWABLE COSTS (REPEALED) 
.0204 DISALLOVVABLE COSTS (REPEALED) 
.0205 INDIRECT COSTS (REPEALED) 
.0206 MINIMUM DOLLAR AMOUNT FOR 

APPLICATION ACCEPTANCE (REPEALED) 
.0207 GRANT APPLICATION FORM AND 

REQUIREMENTS (REPEALED) 
.0208 APPLICATION SUBMISSION PROCEDURES 

(REPEALED) 
.0209 COST ASSUMPTION PLANS FUND 

MATCHING REQUIREMENTS (REPEALED) 
.0210 GRANT PERIOD (REPEALED) 
.0211 PROCESSING MERITORIOUS 

APPLICATIONS (REPEALED) 
.0212 SELECTION CRITERIA (REPEALED) 
.0213 EVALUATIONS CRITERIA (REPEALED) 
.0214 METHOD PAYMENT (REPEALED) 
.0215 GRANT TERMINATION (REPEALED) 
.0216 NON-SUPPLANTING (REPEALED) 



SECTION .0400 - COMMUNITY PENALTIES 
PROGRAM 

.0401 PURPOSE AND INTENT 

The purpose and intent of the program is to 
provide financial assistance to community penal- 
ties programs for persons convicted of nonviolent 
misdemeanors or nonviolent class II, I, or J fel- 
onies who are facing an imminent and substantial 
threat of imprisonment. 



Statutory Authority 
I43B-507. 



G.S. I43B-500 through 



.0402 ELIGIBILITY FOR FINANCIAL ASSISTANCE 

Only applicants meeting the following criteria, 
will be eligible to receive fmancial assistance: 

(1) The program must be administered and 
governed by the board of directors of a non- 
profit corporation and the board members 
must be representatives of the district's crim- 
inal justice system and the community-at- 
large. The board shall consist of not less than 
12 members, and shall include, if possible, 
judges, district attorneys, attorneys, social 
workers, law enforcement representatives, 
probation representatives, and other commu- 
nity leaders. 

(2) The program will accept only persons 
convicted of nonviolent misdemeanors or 
nonviolent class H, I, or J felons who are 
facing an imminent and substantial threat of 
imprisonment. The board has the option to 
exclude certain nonviolent H, I, J offenders 
from eligibility. 

(3) The application must reflect the board's 
specific criteria for accepting offenders into 
the program and the criteria must be devel- 
oped in accordance with the guidelines in this 
document. The board will require reports 
from the program staff on a regular basis to 
insure compliance with the criteria. 

(4) The application must also reflect that, 
should the board adopt acceptance criteria 
which are more stringent than those in the 
guidelines, the board will review and approve 
the acceptance of any offender to the program 
who was convicted of any offense other than 
those eligible under the board's criteria. 
However, acceptance to the program is still 
limited to the offense categories included in 
Rule .0401 of this Section. 

(5) The apphcation must reflect the board's 
willingness to accept responsibility for con- 
sidering the safety of the community is a 
consideration in deciding the acceptance of 
any offender into the program. 

(6) The chairman of the board of the non- 



.\'ORTH CAROLINA REGISTER 



342 



PROPOSED RULES 



profit agency shall be the authorizing official 
of all grant applications requesting funds un- 
der the terms of this program. 

(7) The applicant agency must demonstrate 
that a need for thjs program does exist; in 
that: 

(a) Target offenders can be identified who 
require less than extensive custody, but more 
than regular probation requirements. 

(b) The number of commitments to prison 
can be reduced from each county served in 
the judicial district. 

(8) \\Tien applicable, the board demonstrates 
compliance with rules, guidchnes and policies 
of other programs funded by the department 
to the board. 

(9) The application must also reflect the 
following program components: 

(a) goals for the number of offenders to be 
accepted into the program and goals for the 
reduction of ofTcnders committed to prison; 

(h) procedures for identifying prison-bound 
offenders, and a plan for referral of these 
targeted offenders to the program: 

(c) procedures for preparing and presenting 
plans to the court which specifically involve 
probation statT in plan de\'elopment; 

(d) procedures for submission of the alterna- 
tive punishment plan to the District Attor- 
ney's office prior to sentencing; 

(e) procedures for estabhshing contacts or 
consuhation with law enforcement agencies, 
the public defender's otTice, the local bar, 
and community ser\'ice agencies; 

(f) procedures for establishing victims' reac- 
tion to the proposed alternative punishment 
plan in cooperation with the office of the 
District Attorney; 

(g) procedures for obtaining ser\'ices from 
existing public or private agencies; 

(h) procedures for monitoring the progress 
of offenders on community penalty plans; 
for cooperating with probation personnel; 
and, for delineating the roles of the pro- 
bation staff and the program; 

(i) procedures for rctuming probationers who 
do not comply with the terms of their plan 
to court for action; 

(j) procedures for evaluating the program's 
effect on the numbers of prison commit- 
ments for the jurisdiction of the program. 



Statutory 
l43B-5ir 



Aulhoiiiv G.S. I43B-500 through 



.0403 .\1 LOW.VBLE COSTS 

(a) Only those costs related directly to the op- 
eration of the proposed program u ill be allow- 
able under the terms of tliis program and onl)' the 



following direct cash costs will be allowable 
within the specified limitations: 

(1) up to 100 percent of designated program 
persoimel salaries and fringe benefits; 

(2) up to 100 percent of program related dis- 
trict travel and subsistence for program staff 
and such costs will be in accordance with ex- 
isting state rates and limitations. All out-of- 
district travel must be approved in advance 
by the Secretarv' or his designee; 

(3) up to 100 percent of all normal program 
related operating expenses to include general 
office supplies, telephone charges, postage, 
printing, duphcation, insurances, limited of- 
fice equipment, rent and professional publi- 
cation; 

(4) up to 100 percent of fees for professional 
ser\'ices to offenders not to exceed local pre- 
vailing rates and with prior approval of a for- 
mal contract by the Secretary- or designee 
(Contract forms can be obtained from the 
Division of Victim and Justice Services); 

(5) up to 100 percent of contractual services 
for client plan preparation not to exceed three 
hundred fifty dollars ($350.00) per plan; 

(6) up to 100 percent of costs related to job 
training and job placement for offenders in 
the program. 

(b) All program costs will be allowable when 
such costs are included in a line item budget ap- 
proved by the Sccretan,' of Crime Control and 
Fubhc Safety or his designee. Any deviation 
from an approved budget will be unallowable, 
unless such deviation is made in accordance with 
the prevailing policy for budget revisions. 

(c) For good cause, the Department Secretary 
or his designee wiU have the authority to add, 
delete or alter any item in this Rule as long as 
such changes are in accordance with state law. 

(d) Programs wiU be allowed to charge fees for 
their ser\'ices. 

Statutory Authority G.S. 143B-500 through 
143B-507. 

.0404 UlSAl LOWABLF COSTS 

(a) Due to the administrative costs involved in 
processing a refund from grantees, disallowed 
costs of one hundred dollars ($100.00) and under, 
may not he required to be refunded and included 
in the final written audit report. .Vll questions 
and or disallowed costs for any amount will be 
fuUy explained in the audit report; however, it is 
the SecretaPt's designee's responsibility to decide 
if the amount of one hundred dollars ($100.00) 
or less of state funds be included in the fmal re- 
port and a refund required, based on the reasons 
for this disallowed cost. 

(b) All costs related to the development, pres- 
en.ation, implementation and monitormg of any 



343 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



plan will be disallowed if such plans were in 
noncompliance with the board's established cri- 
teria and approval procedures for accepting of- 
fenders into the program. The method of any 
repayment will be determined by the Secretary 
or his designee on a case-by-case basis. All nec- 
essary approvals must be documented in order to 
be considered allowable. To be allowable, all 
changes to the board's criteria and approval pro- 
cedures for accepting offenders into the program 
must be approved by the Secretary or his desig- 
nee prior to the adoption of these changes. 



Statutory Authority G.S. 
143B-507. 



I43B-500 through 



.0405 INDIRECT COSTS 

Indirect costs are not an allowable expenditure 
for any grant awarded with state funds. 



Statutory Authority G.S. 
I43B-507. 



1438-500 through 



.0406 MIM.MLM DOLLAR A.MOL.NT FOR 
APPLICATION ACCEPTANCE 

Grant applications requesting a total of less than 
two thousand dollars ($2,000) in funds will not 
be accepted by the Department of Crime Control 
and Public Safety unless it is a continuation 
funding application. 



Statutory Authority G.S. 
I43B-507. 



I43B-500 through 



.0407 GRANT APPLICATION FORM AND 
REQUIREMENTS 

(a) Applications will only be officially received 
when the application form entitled "Apphcation 
for State Funds," provided by the department is 
used, and all portions are completely and appro- 
priately addressed. 

(b) The application form contains the follow- 
ing elements which must be completely addressed 
in accordance with application instructions: 

( 1 ) an assurance page with all appropriate 
signatures and requested information and 
certification of non-supplanting; 

(2) an introduction that addresses the follow- 
ing items: 

(A) authorization by the authorizing offi- 
cial, i.e., the Chairman of the Board of 
Directors; 

(B) identification of the staff person re- 
sponsible for guideline adherence; 

(C) a statement ascertaining that only 
prison-bound offenders will be worked 
with, supported by documentation in the 
main body of the grant application; 

(D) a statement ascertaining that commun- 
ity safety will be a significant factor in cli- 
ent eligibility; 



(E) a description of the Board of Directors 
and/or the Advisory Committee supervis- 
ing that conununity penalties program; 

(F) a policy statement regarding a decision 
by the board to exclude certain categories 
of offenders otherwise legally eligible; 

(G) a statement and supporting documen- 
tation relating to the organization's his- 
tory of sound fiscal and administrative 
management; 

(H) a description of the organization's 
attempts and results in obtaining District 
Attorney involvement on the Board of 
Directors or the Advisory Committee and 
a statement as to the role the District At- 
torney's office plays in the program; 

(I) a statement regarding the role the 
organization's corrmiunity penalties pro- 
gram plays in the courtroom work group 
in terms of advocating for reduced incar- 
ceration rather than advocating for the 
accused; 

(J) letters of support from representatives 
of the criminal justice system and others 
in the community, including insofar as 
possible the district attorney, judges, pro- 
bation representatives and law enforce- 
ment representatives. 

(3) the problem addressed by the program, 
both in general and specifically for the com- 
munity in which the program will operate; 

(4) goals and measurable objectives; 

(5) expected program results; 

(6) step-by-step procedures or program 
activities designed to reach results; 

(7) program needs and resources; 

(8) evaluation process: records collection 
and evaluation procedures and rationale (See 
Rule .0413); 

(9) description of the program's history 
and data; 

(10) detailed budget descriptions including 

a summar>', expenditures by line item and 
fiscal resources as well as a plan for program 
match and continuing community support 
for fiscal resources; 

(11) any additional information the applicant 
may want to include. 

(c) Any changes as required by the Department 
of Crime Control and Public Safety in pohcies, 
rules and procedures, in the current issue of this 
form, shall be considered to be in effect at the 
time of their approval. Such changes shall be 
published in the next publication of the applica- 
tion form. 

Statutory Authority G.S. I43B-500 through 
143B-507. 

.0408 APPLICATION SLB.MISSION PROCEDURES 



NORTH CAROLISA REGISTER 



344 



PROPOSED RULES 



(a) Eligible applicants must submit the original 
application and one copy to: 

North Carolina Department of Crime 

Control and PubUc Safety 

Division of Victim and Justice Services 

P.O. Box 27687 

North Salisbury Street (Archdale Building) 

Raleigh, North Carolina 27611-7687 

(b) Complete applications must be submitted 
by the deadline prescribed by the Secretary or his 
designee. State funds will be granted only in the 
amount necessary to assure initiation of, or con- 
tinuation of a program. 

Statutory Authority G.S. MSB- 500 through 
143B-507. 

.0409 COST ASSUMPTION PI ANS: FUND 
MATCHING REQUIRtMKNTS 

(a) Eligible applicants must provide a statement 
in the written application which reflects the 
eventual assumption of project costs if state 
funds are unavailable for this program. 

(b) State funds will be granted only in the 
amount necessary to assure initiation or contin- 
uation of a program. Unless the Secretary of the 
Department of Crime Control and Public Safety 
deems necessary, the state component wiU not 
exceed the following ratios: 

(c) Ninety percent State Share of Total Costs 
in the 1st year; 80 percent in the second year and 
thereafter. 

Commitments from local funding sources wiU be 
considered during grant review. 



Statutory 
1438-507. 



Authority G.S. I43B-500 through 



.0410 GRANT PtiRIOD 

Based on availability of funds and time of ap- 
plication submission, projects will be funded for 
a maximum of 12-month grant period with the 
termination date of June 30 of the current fiscal 

year. 

Statutory Authority G.S. I43B-500 through 
I43B-507. 

.0411 PROCESSING MERITORIOUS APPLICATIONS 

(a) Complete applications found to be consist- 
ent with the current guidelines and eligibility re- 
quirements will be considered for approval for 
funding in the manner provided in this Rule. 

(b) Major factors iii deciding which meritorious 
applications to fund are: 

(1) documentation of the need, and moni- 
toring and/or evaluation reports; 

(2) the cost of the program and the budget 
narrati\e; 

(3) the availabilit\' of funds; 

(4) the date of receipt of the application. 



(c) The Secretary of the Department of Crime 
Control and Public Safety or his designee will 
have the authority to administratively approve 
or disapprove grant awards or grant increases 
subject to the following restrictions and/or limits: 

(1) any application subject to such admini- 
strative approval must be completed in all 
parts and details with all attachments and 
sections completed in a satisfactory manner; 

(2) any and all applications or amendments 
thereto which are approved administratively 
must be in compliance with existing pohcies 
and guidelines; 

(3) all continuation applications whose 
monitoring and audit reports and results are 
in good standing and are in compUance with 
existing department policies and guidelines 
may be approved administratively by the 
Secretary or his designee. The Secretary or 
his designee may require a full grant appli- 
cation for continuation funds and/or may 
grant funds on a conditional basis giving the 
applicant sufficient time to fully comply 
with legal and departmental guidelines. 

Statutory Authority G.S. I43B-500 through 
143B-567. 

.0412 SELECTION CRITERIA 

(a) Final approval of grant applications by the 
Secretary or his designee will be based on the 
following criteria: 

(1) adherence to the guidelines set forth by 
the Department of Crime Control and Pub- 
lic Safety; 

(2) clarity of program goals, objectives and 
activities; 

(3) the applicant's history in regard to 
following established guidelines and proce- 
dures for previous grants. 

(b) Grant awards will be made on a year-to- 
year basis with consideration being given for 
continued funding after review of submitted pro- 
gram progress report and departmental monitor- 
ing and audit reports. 

(c) Grant awards will be provided to programs 
submitting an approved application which docu- 
ments the program's ability to satisfy ehgibility, 
selection and application criteria. 

(d) Grant awards will be made to those eligible 
agencies and programs demonstrating the ability 
to meet acceptable standards of financial ac- 
countability and compliance with department 
guidelines and policies. 

(e) Grant awards will not be made to those 
agencies and programs which have received 
funding from the department for other programs 
and did not comply with the rules, guidelines and 
policies of those programs. 



345 



XORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. I43B-500 through 

I43B-507. 

.0413 EVALLATIONS CRITERIA 

Any applicant receiving grant funds must 
maintain the following statistics and records for 
evaluation of the program, some of which may 
be required to be submitted to the division office 
monthly: 

(1) Complete, adequate records on each client; 

(2) Reports containing the following 
information: 

(a) the number of offenders referred to the 
program and the source; 

(b) the number of referrals accepted and 
rejected and the reasons why they were re- 
jected; 

(c) the number of partial and full community 
penalties plans prepared; 

(d) the number of community penalties 
plans accepted totally, partially or rejected; 

(3) One copy of summary cover sheet after 
sentencing; 

(4) One copy of each alternative punishment 
plans prepared by the agency with the name 
of the client deleted; 

(5) A three-year follow-up on all offenders 
terminated from the program that includes 
local record checks every six months; 

(6) All related fiscal records; 

(7) Documentation of all required approvals; 

(8) Any additional information requested by 
the Secretary or his designee. 

In addition, the Secretary is not authorized to 
continue funding programs that can demonstrate 
no impact on the number of commitments from 
their jurisdictions. To aid the Secretary in his 
evaluation, programs should be prepared to: 

(1) Evaluate the number of commitments 
during the year against the program goals. If 
the program has had no impact and has not 
met its goals, it should attempt to explain 
why. 

(2) Outline a process evaluation in the first 
year to help improve program operations. If 
the process evaluation shows programs to be 
mismanaged and, therefore, having no hope 
to make an impact, funding will stop at that 
time. By the second year a detailed impact 
(product) evaluation may be outlined. This 
impact evaluation will determine future fund- 
ing after the second year. 

(3) The Secretary will aid in the planning and 
funding of program evaluation inasmuch as 
possible. 

Statutory Authority G.S. I43B-500 through 
/43B-507. 

.0414 METHOD OF PAYMENT 



Requests for payment by grantees under the 
terms of this program will be accomplished by 
submitting the prop)er forms and in the time pe- 
riod specified by the Secretary or his designee. 

Statutory Authority G.S. I43B-500 through 
J43B-507. 

.0415 GRANT TER.MINATION 

(a) A grant may be terminated or fund pay- 
ments suspended by the Secretary or his designee 
when a grantee fails to comply with the terms 
and conditions of: 

(1) grant awards contracts; 

(2) grant application forms; 

(3) any state law to which compliance is 
required; 

(4) guidelines and policies promulgated by 
the Secretary or his designee; 

(5) monitor or audit requirements to resolve 
adverse fmdings. 

(b) Upon such fmdings, the Secretary or his 
designee shall notify the chairman of the program 
board grantee agency in writing and provide the 
grantee opportunity to correct any deficiencies 
found within 20 days. If said deficiencies are not 
corrected within this period, the Secretary or his 
designee may suspend or cancel the grant after 
furnishing written notice to the grantee. 

(c) Actions set forth in this Section may be 
appealed in accordance with 14A NCAC 1. 

Statutory Authority G.S. I43B-500 through 
143B-507. 

.0416 NON-SUPPLANTING 

State funds awarded to any program will not be 
used to supplant existing funds for purposes 
other than program operation. 

Statutory Authority G.S. I43B-500 through 
I43B-507. 

TITLE 15 - DEPARTMENT OF NATURAL 

RESOURCES AND CO.MMU^sITY 

DEVELOPMENT 

Notice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Department of Natural Re- 
sources and Community Development intends to 
amend regulation cited as 15 NCAC 2B .031 1 . 

The proposed effective date of this action is Feb- 
ruary I, 1988. 

The public hearing will be conducted at 7:00 p.m. 
on September 17 , 1987 at County Commissioner' s 
Room, 2nd Floor Lee County Office Building, 200 
Wicker Street, Sanford, North Carolina. 



NORTH CAROLINA REGISTER 



346 



PROPOSED RULES 



Comment Procedures: All persons interested in 
this hearing are imited to attend. Comments may 
be submitted orally at the hearing or in writing 
prior to, during, or within 30 days after the hear- 
ing. Statements may be limited at the discretion 
of the hearing officer and submittal of written co- 
pies of oral comments is encouraged. For further 
information contact Bill Kreutzberger, DEM, P.O. 
Box 27687, Raleigh, N.C. 276n, (919) 
733-5083. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER STANDARDS: 
MONITORING 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0311 CAPE FEAR RIVER BASIN 

(b) The Cape Fear River Basin Schedule of 
Classification and Water Quality Standards was 
amended effective: 



(1) 


March 1, 1977; 


(2) 


December 13, 1979; 


(3) 


December 14, 1980; 


(4) 


August 9, 1981; 


(5) 


April 1, 1982; 


(6) 


December 1, 1983; 


(7) 


January 1, 1983; 


(8) 


August 1. 1985; 


(9) 


December 1, 1985; 


(10) 


February' 1, 1986; 


(11) 


July 1, 1987; 


(12) 


February' 1, 1988. 



Statutory Authority G.S. 
143-21 5. 3(a) (1). 



143-214.1; 143-215.1; 



Notice is hereby gi\'en in accordance with G.S. 
150B-12 that the Department of Natural Re- 
sources and Community De\'elopment intends to 
amend regulation cited as 15 NCAC 2B .0315. 

The proposed cjfccttie date of this action is Feb- 
ruary 1. 1988. 

The public hearing No. I will be conducted at 7:00 
p.m. on September 14, 1987 at Auditorium (Main 
Building). Lenoir Community College, Highway 
70 East, Kinston, N.C. 

Public hearing No. 2 will be held at 7:00 p.m. on 
September 15, 1987 at Ground Floor Hearing 
Room, Archdale Building, 512 N. Salisbury St., 
Raleigh, N.C. 

Comment Procedures: All persons interested in 
this hearing arc irwited to attend. Comments may 
be submitted orally at the hearing or in writing 
prior to. during, or within 30 days after the hear- 
ing. Statements may be limited at the discretion 



of the hearing officer and submittal of written co- 
pies of oral comments is encouraged. For further 
information contact Bill Kreutzberger, DEM, P.O. 
Box 27687, Raleigh, N.C. 27611, (919) 
733-5083. 

.0315 NEUSE RIVER BASIN 

(b) The Neuse River Basin Schedule of Clas- 
sification and Water Quality Standards was 
amended effective: 

(1) March 1, 1977; 

(2) December 13, 1979; 

(3) September 14, 1980; 

(4) August 9, 1981; 

(5) January 1, 1982; 

(6) April 1, 1982; 

(7) December 1, 1983; 

(8) January 1, 1985; 

(9) August 1, 1985; 

(10) February 1, 1986; 

(11) February' 1, 1988. 

Statutory Authority G.S. 143-214.1; 143-215.1; 
143-215.3(a) (1). 

Notice is hereby given in accordance with G.S. 
I50B- 12 that the Coastal Management intends to 
amend regulation cited as 15 NCAC 7H .0306. 

The proposed effective date of this action is Jan- 
uary 1. 1988. 

The public hearing will be conducted at 10:00 a.m. 
on September 24, 1987 at Shell Island Resort 
Hotel, 2700 North Lumina Avenue, Wrightsville 
Beach, NC 28480. 

Comment Procedures: A II persons interested in 
this matter are invited to attend the public hearing. 
The Coastal Resources Commission will receive 
written comments up to the date of the hearing. 
Any person desiring to present lengthy comments 
is requested to submit a written statement for in- 
clusion in the record of proceedings at the public 
hearing. 

Additional information concerning the hearing or 
the proposals may be obtained by contacting: 

Portia Rochelle 

Dti'ision of Coastal Management 

P. O. Box 27687 

Raleigh, North Carolina 27611-7687 

(919) 733-2293 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR AREAS 
OF ENVIRONMENTAL CONCERN 

SECTION .0300 - OCEAN HAZARD AREAS 



347 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.0306 GENERAL USE STANDARDS FOR OCEAN 
HAZARD AREAS 

(k) All relocation of structures requires permit 
approval. Structures relocated with public funds 
shall comply with the applicable setback line as 
well as other applicable AEC regulations. 
Structures including septic tanks and other es- 
sential accessories relocated entirely with non- 
public funds shall be relocated the maximum 
feasible distance landward of the present location; 
septic tanks may not be located seaward of the 
primary structure. In these cases all other apph- 
cable local and state regulations shall be met. 

Statutory Authority G.S. I/3A-I07; 

II3A-Il3(b)(6). 

TITLE 16 - PUBLIC EDUCATION 

Notice is hereby given in accordance with G.S. 
I SOB- 1 2 that the State Board of Education in- 
tends to amend regulation cited as 16 NCA C 6C 

.0312. 

The proposed effective dale of this action is Jan- 
uary 1, 19S8. 

The public hearing will be conducted at 10:00 a.m. 
on September 17, 19S7 at 3rd Floor Conference 
Room, Education Building. 114 W. Edenton St., 
Raleigh, N.C. 

Comment Procedures: Any interested person may 
present his or her views and comments either in 
writing prior to or at the hearing or orally at the 
hearing. 

CHAPTER 6 - ELEMENTARY AND SECONDARY 
EDUCATION 

SUBCHAPTER 6C - PERSONNEL 

SECTION .0300 - CERTIFICATION 

.0312 CERTIFICATE SUSPENSION AND 
REVOCATION 

(^ 3^ superintendent oi Public Instruction 
shall initiate rc\ocation proceedings upon the 
written request Skod s ubmission ^ information 
by nf^ party m a position ta present evidence a» 
a basis f»F revocation . 

(44 lir s&^ investigating th« information 
available ta liim , Xh& superintendent fmd s 
th^ probable cause CMsts f&F s uspension of 
revocation , ho- shall prepare and fU« written 
charges wrtb tb<^ SBIi . 14c shall s end a copy 
oi th« charges ta tl^ certificated person and 
inform the person i^ tht^ hearing procedures , 
including the following alternatives ; 
(-A4 44)c individual may request an informal 
conference with the superuitendent of lus 
designee within ten day s after receipt of 
the notice . 



(B) After the informal conference , the SBE 
may enter inta a written settlement with 
the per s on , dii:eet that the ch a rge s be di^ 
missed , at proceed with the action . Xhe 
individual must make a written request fbf 
a formal hearing before the ^UU within 
{QYi d^Ys 3jf ^gr action by the SBE. 
(C^ 44ie individual may waiv'e an informal 
conference and make a written reque s t for 
a formal hearing , within ten days after re- 
ceipt of the charges . 
(D) iJTthe individual fails ta make a timely 
request i^f a hearing , the SBE may pn^ 
ceed with the su s pen s ion of revocation 
action . 
(2) Any formal hearing is conducted by an Qi~ 
Iket named by the SBE . 44us hearing is 
held in accordance v t ith Article 2- of Chapter 
1 5QB of t he Genera l St a tutes, except that the 
hearing is private unles s the individual re- 
quests othcr^ v ise . 44;e SBE malies the final 
agency decision . 
(b) Upon the receipt of a written request and 
substantiating information from any LEA, local 
superintendent or other person in a position to 
present information as a basis for the suspension 
or revocation of a person's certificate, the Super- 
intendent of Public Instruction will conduct an 
investigation sufficient to detcrrrunc whether rea- 
sonable cause exists to believe that the person's 



certificate should be 



suspe 



nded or revoked. 



(1) If the Superintendent determines that 
reasonable cause exists to believe that the 
person's certificate should be suspended or 
revoked on one or more of the grounds 
specified in Paragraph (a) of this Rule, the 
Superintendent shall prepare and fde written 
charges with the SBE. 

(2) The SBE will review the written charges 
and determin e whether the person's certif- 
icate should be suspended or revoked based 
on the information contained in the written 
charges. If the SBE determines that the 
written charges constitute grounds for sus- 
pension or revocation, it shall provide the 
person with a copy of the written charges, 
and notify the person that it wOl revoke the 
person's certificate unless the person, within 
30 days of receipt of notice, initiates admin- 
istrative proceedings under Article 3, Chap- 
ter 150B of the General Statutes. The notice 



will be sent certified mail, 
quested. 



return receipt re- 



(3) If the person initiates administrative pro- 
ceedings the SBE will defer final action on 
the matter until receipt of a proposed deci- 
sion as provided for in G.S. 150B-24. If the 
person does not initiate administrative pro- 
ceedings witliin 30 days of receipt of notice. 



NORTH CAROLINA REGISTER 



348 



PROPOSED RULES 



the SBE ma\' suspend or revoke the person's 
certificate at its next meeting. 



Authority G.S. I ISC- 12(9 )a.. 
Article IX, Sec. 5. 



N.C. Constitution, 



TITLE 20 DEPARTMENT OE STATE 
TREASURER 

i\otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Educational Fa- 
cilities Finance Agency intends to adopt regu- 
lations cited as 20 NCAC 9 .0101 - .0/02; .0201 

- .0202: .0301: .0401 - .0403: .OSOl - .0S02: .0601 

- .0602. 

The proposed effective date of this action is Jan- 
uary- 1. 19SS. 

The public hearing will be conducted at 10:00 a.m. 
on October 14. 19S7 at Conference Room (Room 
100), Albemarle Building, 32S N. Salisbury 
Street, Raleigh. .Worth Carolina. 

Comment Procedures: A written copy of the 
comments will be required of all persons wishing 
to speak at the public hearing. 



CIIAPTLR 9 



EDLCATIONAL FACILITIES FINANCE 
AGENCY 



SECTION .0100 - GENERAL PROVISIONS 
.0101 ORGANIZATION AND FUNCTIONS 

(a) The Educational Facilities Finance Agency 
operates within the Department of State Treas- 
urer and is the state's agency charged with the 
duty of advising and assisting institutions of 
higher education in financing the construction 
and renovation of higher education facilities. 

(b) The following is general information about 
the Educational Facilities Finance Agency: 

(1) the administrative officer is the secretar\'- 
treasurer of the agency; 

(2) the mailmg address is 325 North Salisbury 
Street, Raleigh, North Carolina 27611; and 

(3) the office is located in the Albemarle 
Building, 325 North Salisbury' Street, Ra- 
leigh, North Carolina. 

(c) The staff of the Educational Facilities Fi- 
nance Agency is provided b>' the State and Local 
Government Finance Division. 

Statutoty Authority G.S. 1 lSE-4(e). 

.0102 DEFINITIONS 

The words and phrases defmed in this Rule will 
ha\e the meanings indicated when used in this 
Chapter, unless the context clearly requires an- 
other meaning: 

(a) "Agency" is the Educational Facilities 



Finance Agency and/or the Board of Direc- 
tors thereof 

(b) "Secretary-Treasurer" is the Secretary- 
Treasurer of the Educational Facilities Fi- 
nance Agency. 

(c) "Institution" means a nonprofit private 
educational institution within the State of 
North Carolina authorized by law to provide 
a program of education beyond the high 
school level. 

(d) "Participating institution" means an 
institution which, pursuant to the provisions 
of this Chapter, undertakes the fmancing, re- 
fmancing, acquiring, construction, equipping, 
providing, owning, repairing, mamtaining, 
extending, improving, rehabilitating, renovat- 
ing, or furnishing of a project or undertakes 
the refunding or refmancing of obligations or 
of a deed of trust or a mortgage or of ad- 
vances as provided in the Higher Educational 
Facilities Finance Act. 

Statutory Authority G.S. llSE-3. 

SECTION .0200 - RLLE-MAKING 
.0201 RLLE-MAKING PROCEDURES 

(a) 20 NCAC IF .0100 shaU govern the issu- 
ance of rules by the agency. 

(b) All correspondence shall be addressed to 
the secretan. -treasurer at the mailing address of 
the commission. 

Statutory Authority G.S. IISE-S. 

.0202 DECLARATORY RULES 

(a) 20 NCAC IF .0200 shall govern the issu- 
ance of declarator,' rules by the agency. 

(b) All correspondence shall be addressed to 
the secretary-treasurer at the mailing address of 
the agency. 

Statutory Authority G.S. IISE-S. 

SECTION .0300 - CONTESTED CASES 

.0301 CONTESTED CASE PROCEDURES 

(a) 20 NCAC IF .0300 shall govern the hear- 
ings and decisions in contested cases. 

(b) All correspondence shall be directed to the 
secretar>'-treasurer at the mailing address of the 
agency. 

Statutory Authority G.S. I ISE-S. 

SECTION .0400- APPROVAL OF APPLICATION 
.0401 REQUESTS FOR ACTION 

(a) All requests for action shall be addressed to 
the sccrctan'-treasurer at the mailing address of 
the acencv. 



349 



.\ORTH CAROLI.XA REGISTER 



PROPOSED RULES 



(b) Each request for action shall include the 
following information: 

(1) cover letter which includes: 

(A) name and address of the institution 
of higher education, 

(B) bnef description of circumstances and 
action requested, 

(C) statutoPt' basis for request and for 
action; 

(2) detailed description of circumstances and 
reasons for which action is requested; 

(3) list of all persons (real and corporate) who 
may be beneficially or adversely affected by 
any action of the agency; and 

(4) such other apphcable material and 
information as requested by the secretary- 
treasurer. 

(c) After receipt of a request, the secretary- 
treasurer shall review the case. The secretary- 
treasurer may require the petitioner to attend an 
informal conference with the staff of the agency. 
The secretary-treasurer may require the fding of 
such additional information as he may consider 
valuable to the consideration of the issues. The 
secrctar>'-trcasurer may invite the staff of the 
Local Government Commission to the prelimi- 
nary informal conference to discuss fmancing of 
the project. 

(d) At a preliminary informal conference the 
following matters ma\' be discussed: 

(1) the nature and feasibility of the proposed 
project; 

(2) the need for the project; 

(3) the feasibility of financing the project; 

(4) the institution's debt management 
policies and practices; 

(5) the financial strengths and capabilities 
of the institution; 

(6) any other matters relating to the 
institution, to the proposed project, or to the 
proposed financing or lease; 

(7) the procedures for application of 
approval to be used in that case; and 

(8) future requirements to finance the project 
including requirements inherent in the 
method of financing proposed, such as the 
costs and need for experts, and the special 
requirements of those experts. 

(e) The governing body of the institution shall 
adopt and file with the agency a resolution au- 
thorizing filing of the application to the agency. 

(f) rhc institution shall submit to the agency 
as a part of the application for approval all doc- 
uments requested by the secretary-treasurer. 

(g) At any time after the acceptance of the ap- 
plication, the application may be considered by 
the agency together with all applicable data 
available to the agency. I'he agency shall use the 
factors set forth in the Higher Educational 1-acil- 
ities linance Act and any other factors which in 



its opinion are applicable to the circumstances 
under consideration. 

(h) The amount approved shaU be considered 
the maximum amount of debt to be incurred. 

(i) The secretary-treasurer shall promptly pro- 
vide a copy of the fmal decision to the applicant. 

(i) The secretary-treasurer shall promptly pro- 
vide a copy of any decision of the Eocal Gov- 
ernment Commission relevant to the project to 
the apphcant. 

(k) Ihe agency may hold a pubhc hearing on 
the application. 

Statutory Authority G.S. I I5E-7. 

.0402 lltARlNG O.N CO.MORMANCE TO PRIOR 
APPROVALS 

(a) Any party at interest may request from the 
agency a hearing on whether a participating in- 
stitution, for which the agency has provided an 
approval under this Section, has conformed to 
the terms of the approval so provided under tliis 
Section. 

(b) In the discretion of the agency, the agency 
may refuse to consider any request which does 
not specify actual instances of non-compliance 
by the participating institution and provide ade- 
quate documentation thereon. 

(c) After receiving a vahd request for a hearing, 
the staff shall provide a copy thereof to the par- 
ticipating institution and request comments and 
adequate documentation supporting the com- 
ments witliin 20 days of receipt by the partic- 
ipating institution of the request. 

(d) After recei\ing the comments of the partic- 
ipating institution, the staff shaU prepare a sum- 
mary of the request, the rebuttal, and any other 
comments received on the matter. 1 he summary 
and all other pertinent documentation shall be 
funushed to the agency at its next regular meet- 
ing. All interested parties wluch have requested 
notification shall be provided the opportunity to 
attend the meeting. 

(e) The agency shall discuss the matter in open 
meeting and may make one of the following de- 
cisions, based on its assessment of the vaUdity of 
any claims made: 

(1) the agency may require the participating 
institution to correct the non-conformance 
within a given period not longer than 120 
days; 

(2) the agency may request a contested case 
hearing on the matter, so that it may have a 
proper e\idential record before it, prior to 
making its final decision; and 

(3) the agency may deny the request for 
hearing on the grounds of lack of substance. 

(f) After the end of any corrective period or 
after the agency has received the report of a con- 
tested case, the agency shall again bring the mat- 
ter before it at a regular meeting. Notice of the 



iXORTH CAROLINA REGISTER 



350 



PROPOSED RULES 



meeting shall be pro\idcd to all persons repres- 
ented at the first meeting and aU other persons 
requesting notices of the meeting in writing. 

Staiulory Authority G.S. I I5E-7. 

.04(13 AI'IM ICATION TO AMKM) PRIOR 
Al'l'KO\ Al .S 

(a I \\'hene\er there is a substantial change m 
the economic en\ironmcnt or situation in which 
the participating institution operates, the go\em- 
ing board of the participating institution may 
make an application to amend a prior appro\al 
by the agency. 

(b) .\n application to amend prior appro\als 
shall be submitted in the same manner as re- 
quired for initial appro\al plus such other addi- 
tional items as the agency may request. 

Statuioiy Authority G.S. I I5E-. 

SrCTION .(1500 - REVIEW CRITERIA 
.0501 GENERAL 

In order for the secretan-treasurer to recom- 
mend appro\al of a project, he must make cer- 
tain findings. It is the purpose of this Section to 
specify the standards and criteria the secretaPv- 
trcasurer wiU use in making his tlndings. 

Stalutoiy Authority G.S. I I5E-6. 

.0502 JLRISDICTIONAl EINDINGS 

(a) Before making technical tindings, the sec- 
retarj'-treasurer shall make a fmding that the 
project is eligible as defined by law. 

(b) The secretapv-treasurer shall make fmdings 
on the criteria established for appro\al of revenue 
bonds. 

(c) l.'nless the applicant has met his \arious 
burdens of proof the secretar>'-treasurer shaU not 
make his required tlndings. 

(d) A]\ findings shall be in writing and where 
adverse findings are made, they shall specifically 
indicate in detail which elements of proof were 
weak, the required conclusions which could not 
be made, and any suggestions for amending the 
application. 

Slatutoiy .Authority G.S. 115-3: 115-6. 

SEC HON .0600 - FEES 
.0601 COLEECIENG FEES 

(a) fees shall be collected for all actions of the 
agency in connection with the appro\al or denial 
of requests. 

(b) .Application fees shall be payable prior to a 
final request for appro\'al or participation by the 
acencv. 



(c) .-\nnual fees shall be payable on the anni- 
versary date of each financing so long as any of 
such obligations are outstanding and unpaid. 

Statutory .Authority G.S. I l5E-5( 17). 

.0602 FEES AND EXPENSES 

(a) A non-refundable application fee shall be 
required of .05 percent (fi\e hundredths of one 
percent) of the par amount of the issue with a 
minimum fee of two thousand dollars 
($2,000.00). plus any and all fees charged by the 
Local Gosemment Commission. 

(b) .An annual fee of tl\'e hundred dollars 
($500.00) per year shall be required. 

(c) In addition to the fee set forth in this Rule, 
aU tra\el and subsistence incurred, and all mate- 
rial amounts of other expenses, e.g. telephone 
and postage when paid by the state, shall be 
billed to the institution. 

(d) The agency will not incur cxtraordmar>' 
expenses without prior agreement of the appli- 
cant to reimburse the agenc\' for all related costs. 

Statutory .Authority G.S. I l5E-5i 17 ). 

TITLE 21 - DLPARLMENT OF 
OCCl P.\TION.\L LICENSING BOARDS 

Sotice is hereby gi\en in accordance with G.S. 
I50B-12 that the \.C. State Board of Certified 
Public Accountant Examiners intends to amend 
regulation cited as 21 SC.AC SG .0113. 

The proposed effective date of this action is Feb- 
ruary I. I9SS. " 

The public hearing will be conducted at S:30 a.m. 
on September 28, 1987 at N.C. State Board of 
CPA Examiners. IIQI Oberlin Road. Suite 104. 
Raleigh. SC 27605. 

Comment Procedures: .Any person interested in 
this nile may present written or oral comments 
relevant to the action proposed at the public rule- 
making hearing. .Anyone planning to present 
comments al the hearing should notify the Execu- 
tive Director at the Board offices by 1 2:00 noon. 
September 21 , 1987. Written statements not pre- 
sented at the public hearing should be deTncred to 
the Board offices not later than 8:00 a.m., October 
28. 1987. 

CHAPTER 8- BOARD OF CFRTIFIED PI BFIC 
ACCOUNTANT EXAMINERS 

SUBCH.VPTER SG - PROFESSIONAL ETHICS AND 
CONDLCT 

SECTION .0100- GENERAL PROVISIONS 

.0113 IN\OL\ EMENT IN LITIGATION OR 
COLRT ACTION 



351 



.\ORTH CAROLI.VA REGISTER 



PROPOSED RULES 



(c) A Ccrtillcd Puhlic Accountant shall notify 
the board within 30 days of any disbarment, 
suspension, or rc\ocation of his license or certif- 
icate to practice belore the Treasury Department 
or an\ other 1-ederal or state agency- or in any 
other state or territorv . 



Slalutory Authorily G.S. 93-12(9). 

Notice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. State Board of Certified 
Public Accountant Examiners intends to repeal 
regulations cited as 2! NCAC SF .0504; 8G .0408. 

The proposed effective date of this action is Feb- 
ruary I, I9SS. 

The public hearing will be conducted at 8:00 a.m. 
on October 19, 1987 at N.C. State Board ofCPA 
Examiners, llOt Oberlin Road. Suite 104. Ra- 
leigh, NC 27605. 

Comment Procedures: Any person interested in 
this rule may present written or oral comments 
rele\ant to the action proposed at the public rule- 
making hearing. Anyone planning to present 
comments at the hearing should notify the Execu- 
tive Director at the Board offices by 12:00 noon, 
October 12, 1987. Written statements not pre- 
sented at the public hearing should be delivered to 
the board offices not later than 8:00 a.m.. October 
19th, 1987'.' 

SLBCHAPTFR 8F - REQUIRKMENTS FOR CERTIFIED 

PLBLIC ACCOL.NTANT EXAMINATION AND 

CERTIFICATE APPLICANTS 

SECTION .0500 - APPI ICATIONS FOR 
CERTIFICATES 

.0504 ACCOUNTANCY FAW COURSE 
RFQUIREMFNT (RFPFAI FD) 

Statutory .Authority G.S. 93-12(5). 

SUBCHAPTER 8G - PROFESSIONAL ETHICS AND 
CONDUCT 

SECTION .0400- CONTINUING PROFESSIONAL 
EDUCATION 

.0408 REQUIRED COURSES ON ACCOUNTANCY 
LAWS AND RULES (REPEALED) 

Statutory Authority G.S. 93-l2(8b). 

.\otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. Stale Board of Certified 
Public .Accountant Examiners intends to amend 
regulation cited as 21 NCAC 8K .0201. 

The proposed effcctr\'c date of this action is Feb- 
ruary I, 1988. 



The public hearing will be conducted at 8:00 a.m. 
on October 19, 1987 at N.C. State Board ofCPA 
Examiners, 1 101 Oberlin Road, Suite 104. Ra- 
leigh. NC 27605. 

Comment Procedures: Any person interested in 
this rule may present written or oral comments 
relevant to the action proposed at the public rule- 
making hearing. Anyone planning to present 
comments at the hearing should notify the Execu- 
tive Director at the Board offices by 12:00 noon, 
October 12, 1987. Written statements not pre- 
sented at the public hearing should be delivered to 
the Board offices not later than 8:00 a.m., October 
19, 1987. 

SUBCHAPTER 8K - PROFESSIONAL 
CORPORATIONS 

SECTION .0200 - PRACTICE PROCEDURES OF 
PROFESSIONAL CORPORATIONS 

.0201 CORPORATE NAMES 

The corporate name of a professional corpo- 
ration registered under these rules shall include 
only the names of one or more of the present or 
former shareholders or of partners associated 
with a predecessor accounting firm and shall 
contain the wording "corporation," "incorporat- 
ed," "limited." "companN." "professional corpo- 
ration." or "professional association." or an 
abbre\iation of either of the foregoing, "Corp.," 
"Inc.," "Ltd.," "Co.," "P.C," or "P.A." The 
use of "CPA" or "Certified Public 
Accountant(s)" in the corporate name is encour- 
aged, but not required. 

Statutory Authoritv G.S. 55B-5; 55B-/2; 
93-12(3). 

Notice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Real Estate 
Commission intends to adopt and amend regu- 
lations cited as 21 NCAC 58 A .0107 - .0108; 
.0110: .0403; .1401 - .1404; 21 NCAC 58B .0203; 
.0501; .0601 - .0602. 

7 he proposed effecti\-e date of this action is .lan- 
uary 1, 1988. 

The public hearing will be conducted at 3:00 p.m. 
on September 23. 1987 at Offices of the North 
Carolina Real Estate Commission. 1 200 .\a\aho 
Drive. Raleigh. North Carolina. 

Comment Procedures: Comments regarding the 
proposed rules may be made orally or submitted 
in writing at the public hearing. Written com- 
ments not submitted at the hearing should be di- 
rected so as to be delivered no later than October 
27. 1987, to the North Carohna Real Estate 



.NORTH CAROLINA REGISTER 



352 



PROPOSED RILES 



Commission, P. O. Box J~/00. Raleigh, \orth 
Carolina 276/9. 

CIIAPIl K 5S - Ri;.\I tSTATE 

SLUCIIAI'llR 58A - KIAl, tSI ATK UROKLRS AND 
SAIKSMKN 

SFCTiON .0100 - gkm:rai RROKFRAGE 

.0107 H \\l)l I\G A.\n ACCOLM ING Of FUNDS 

(c) I^cal estate brokers shall maintain records 
sutTicient to \'erif\" the adequae\ maintenance and 
proper use of their trust accounts all funds which 
the broker ma\ hold for another or others. Mwi 
A real estate broker shall retain bank statements, 
cancelled checks, deposit tickets, copies of con- 
tracts, closing statements and any other docu- 
ments necessan." and sufficient to \'erify and 
explain record entries. 

Staiiiioiy Authority G.S. 93A-3icj. 

.0108 RFTFNTION OF RFCORUS 

Real estate brokers shall retain records of all 
transactions conducted in such capacity for a pe- 
riod of three \ears. Such records shall include 
contracts of sale, wntten leases, listing contracts, 
options, otfers to purchase, trust records, earnest 
money receipts, closing statements and any other 
records pertaining to real estate transactions. All 
such records shall be made a\ailable for in- 
spection by the commission or its authori/ed re- 
presentati\cs without prior notice. 

Slatiitoiy Authority G.S. 93A-3icj. 

.0110 BROKFR-lN-Cll.\KGE 

(a) There shall be designated for each real estate 
firm and branch otTice thereof one dul\- licensed 
real estate broker who shall assume responsibility 
at such office for: 

(1) the proper display of license certificates 
aod- renewal stickers of the real estate bro- 
kers and salesmen associated with or en- 
gaged on behalf of the firm at such office. 
and ascertaining whether each licensee em- 
plo\ed at the office has complied with Rules 
.\.(i5i)3 and .^\.(l5(l^ c^' this Subchapter: 

(2) the proper notification to the commission 
of any change of business address or trade 
name of the firm and the registration of an\" 
assumed business name adopted by the firm 
for its use: 

(3) the proper conduct of ad\ ertising b\ or in 
the name of the firm at such office: 

(4) the proper maintenance at such offiice of 
the trust or escrow account ot the tlnn and 
the records pertaining thereto; 

(5) the proper retention and maintenance of 



records relating to transactions conducted 
by or on behalf of the firm at such office; 
and 
(6) the proper super, ision of real estate 

salesmen associated with or engaged on be- 
half of the firm at such office in accordance 
with the requirements of Rule .0506 of this 
Subchapter. 

Stalutoiy Authority G.S. 93A-3(cj: I50A-II. 

SECTION .0400 - EXAMINATIONS 
.0403 RE-EXAMINATION 

If an applicant fails to pass the initial examina- 
tion for which he has been scheduled, he will be 
re-scheduled fof U4<i examination hold- Uvu 
months later , without additional fee for one re- 
examination at a time and place designated by 
the f-xecuti\e Director. If an applicant fails to 
pass his re-examination or fails to appear for and 
take any examination for which he has been 
scheduled, he shall make written application to 
the commission upon a prescribed form accom- 
panied by the appropriate fee, if he wishes to 
obtain a real estate license. 



Stdtutory 

Id). 



Authority G.S. 93A-3(c): 93A-4(bj. 



SECTION .14(10 - REAL ESTAl F RFCO\ FRN FLND 
.1401 APPLICATION FOR PAYMENT 

(a) .-Vny person or entity desiring to obtain 
payment from the Real Estate Recover.' Fund 
shall file an application with the commission on 
a prescribed fonn. The fonn shall require infor- 
mation concerning the applicant and the claim 
including but not limited to the applicant's name 
and address, the amount of the claim, a de- 
scription of the acts of the licensee which consti- 
tute the grounds for the claim and a statement 
that all court proceedings are concluded. With 
the form, the applicant shall submit copies of the 
civil complaint, judgment, and the return of exe- 
cution marked as unsatisfied. 

(b| Forms for application for pa\ment from the 
Real Fstate Reco\er>" Fund shall be a\ailablc 
from the commission on request. 

(c) Fhe commission, in its discretion, may ac- 
cept an application for payment which is not 
submitted on the form prescribed by the com- 
mission, pro\ided that the application describes 
a meritorious claim and otherwise fulfills the re- 
quirements of .Article 2, of Chapter 93.\ of the 
Cjencral Statutes, 

Stalutoiy Authority G.S. 93A-3fcj: 93A-/7. 

.1402 MULTIPLE CLAIMS 

(a) If at any time the commission has notice 
of the existence of more than one application or 



353 



.XORTH CAROLI.\A REGISTER 



PROPOSED RULES 



potential claim for payment from the Recovery 
J'und arising out of the conduct of a single li- 
censee, the commission may, in its discretion, 
direct that all applications filed before a date de- 
termined by the commission shall be consol- 
idated for hearing ;md payment. 

(b) When the commission consolidates multi- 
ple apphcations or potential claims, the commis- 
sion shall issue to the licensee and the applicants 
and potential claimants an Order of Consol- 
idation setting forth the deadline for filing all ap- 
plications to be consolidated. L pon the passing 
of the deadline, the commission may, in its dis- 
cretion, cither extend the deadline or issue to the 
licensee and all applicants a notice of the time, 
date and place set for the hearing on the consol- 
idated apphcations. 

(c) Claims for which the commission has re- 
ceived no notice under G.S. 93A- 17(a)(2) or for 
which no application has been filed prior to the 
deadline set forth in the Order of Consohdation 
shall not be considered by the commission until 
after the completion of all proceedings relating to 
the consoUdated apphcations and payment ther- 
eon, if there be any. 

Statutory Authority G.S. 93.4-3(c): 93.4-/7. 20. 

.1403 NOIICt Ol llhAKING: ORDLR FOR 

p.\vm[:m 

(a) Prior to ordering pasment from the Real 
Estate Recovery f-'und, the commission shaU 
conduct a hearing before a majority of its mem- 
bers. The commission shall give notice of the 
time, place and date of the hearing to any apph- 
cant and the licensee. 

(b) /Vfter conducting a hearing, the commission 
shall issue an Order either authorising payment 
or denying the claim, in whole or in part. Ihis 
Order shall be ser\ed upon the hcensee and any 
applicant. 

(c) I he existence of subsequent notices of po- 
tential claims or subsequent apphcations shall 
not be considered by the commission in the is- 
suance of an Order for Payment in those cases 
where the award is aUowable but must be re- 
duced pursuant to the provisions of G.S. 93A-21. 

Statutory' Authority G.S. 93A-3(c); 93A-20. 

.1404 LI.ABILITV I IMITS 

Apphcations for payment from the Recovery 
Fund received or which come on for consider- 
ation by the commission after the liability of the 
Recovery Fund as described in G.S. 93A-21 has 
been cxliausted, shall be dismissed. 

Statutoiy Authority G.S. 93A-3(c): 93A-2I. 
SLBCII.M'TKR 58B - TIME SHARES 
SECTION .0200- I'tBLIC OH ERING STATEME.NT 



.0203 RECEIPT FOR I'LTU IC OFFERI.NG 
STATEME.NT 

(a) Prior to the execution of any contract to 
purchase a time share, a time share developer or 
a time share salesman shall obtain from the pur- 
chaser a written receipt for the public offering 
statement, which shaU display, directly over the 
buyer signature line in type in all capital letters, 
no smaUer than the largest type on the page on 
which it appears, the following statement: DO 
NOT SIGN THIS RECEIPT UNLESS YOU 
HAVE RECEIVED A COMPLETE COPY OF 
THE PUBLIC OFFERING STATEMENT I O 
TAKE WIFH YOU. 

(b) Receipts for pubhc offering statements shall 
be maintained as part of the records of the sales 
transaction. 

Statutory Authority G.S. 93A-5/; 93A-45(d). 

SECTION .0500 - HANDLING AND ACCOUNTING OF 
FUNDS 

.0501 TIME SHARE TRUST FUNDS 

(d) Everx' project broker shall obtain and keep 
a written representation from the de\eloper as to 
whether or not lien-free or lien- subordinated time 
share instalments can be recorded within 45 days 
of the buyers execution of the time share pur- 
chase agreement. When a lien-free or lien-su- 
bordinated mstRiment cannot be recorded within 
said time period, on the business day following 
the expiration of the ten da\ time share payment 
escrow penod. a project broker holding purchase 
deposit money funds shall transfer to the devel- 
oper, marked for transfer to the independent es- 
crow agent, all time share purchase deposit 
monies or other payments received from a buyer 
who has not^ cancelled his time share purchase 
aerccmcnt. 



Statutory Authority G.S. 93A-42(c): 93A-5I. 

SECTION .0600 - PROJECT BROKER 
.0601 DESIGNATION OF PROJECT BROKER 

I'he developer of a registered time share project 
shall designate for each project subject to the 
developer's control a project broker by filing with 
the commission an affidavit on the form pre- 
scribed. The developer may from time to time 
change the designated project broker by filing a 
new designation form with the commission 
within ten da)s folknving the change. 

Statutoiy Authority G.S. 93A-4I; 93A-58(c). 

.0602 DUTIES OF THE PROJECT BROKER 

(a) The broker designated by the developer of 
a time share project to be project broker shall 
assume responsibdit) for: 

( 1) Ihe display of the time share project 



SORTH CAROLINA REGISTER 



354 



PROPOSIiD RULES 



certificate registration and the license certif- 
icates of the real estate salesmen and brokers 
associated with or engaged on behalf of the 
developer at the project; 

(2) The detcnnination of whether each 
licensee employed has complied with Rules 
A. 0503 and A. 0506 of this Chapter; 

(3) The notification to the commission of any 
change in the identity or address of the pro- 
ject, developer, or marketing or managing 
entities at the project; 

(4| Ihe deposit and maintenance of time 
share purchase or rental monies in a trust 
or escrow account until proper disbursement 
is made; and 

(5) The proper maintenance of accurate 
records at the project including all records 
relating to the handling of trust monies at 
the project, records relatmg to time share 
sales and rental transactions and the project 
registration and renewal. 

(b) The project broker shall review all con- 
tracts, public offering statements and other doc- 
uments distnbuted to the purchasers of time 
shares at the project to ensure that the docu- 
ments comport with the requirements of the 
Time Share Act and the rules adopted by the 

commission, and to ensure that tme and accurate 
documents have been given to the purchasers. 

(c) The jiroject broker shall not permit time 
share sales to be conducted by any person not 
licensed as a broker or salesman, shall not dele- 
gate or assign his supervisory responsibihties to 
any other person, nor accept control of his su- 
pervisory responsibilities by any other person. 

(d) The project broker shall notily the com- 
mission in writing of any change in his status as 
project broker within ten days following the 
change. 

Staluto/y Auihority G.S. 93A-SI: 93A-5SlcJ. 

in IE 24 - INDEPKNDEN T AGENCIES 

\ 01 tec is hereby gh-cn in accordance wilh G.S. 
1 50 B- 1 2 thai the North Carolina Housing Finance 
Agency intends to adopt regulations cited as 24 
SCAC ID .0601 - .0604. 

The proposed effecli\'e date of this action is Jan- 
uaiy I. I9SS. 

The pubTic hearing will be conducted at 9:30 a.m. 
on September 14, 1987 at Board Room. \. C. 
Housing Finance Agency, 3300 Drake Circle, 
Suite 200. Raleigh. X.C. 27607. 

Comment Procedures: Written comments con- 
cerning these rules must be submitted by Septem- 
ber 14. I9S'^ to .IP.l Coordinator. .\.C. Housing 



Finance Agency, P. O. Box 2S066, Raleigh. N.C. 
2761 1 . Oral comments may be presented at the 
hearing. 

CIIAPTKK 1 - \. C. MOUSING I INANCIC ACLNCY 

SUBCIIAI'TIK ID- SINGI I lAMII Y MORTGAGK 
PLUniASF PROGRAM 

SIXTION .(1600 - MORTGAGK CRIDIT CKR IIFICATK 
PROGRAM 

.0601 PI RPO.SF 

The purpose of a Mortgage Oedit Certificate 
(\1CC) program is to make housing more af- 
fordable for low- and moderate-income home 
buyers. An MCC operates as a federal income 
tax credit. The MCC reduces the federal income 
taxes of eligible home buyers that purchase qua- 
lified residences. The MCC can assist the pur- 
chase of either a new or an existing single family 
residence. 

Statutoty .iuthoritv G.S. 122A-5: 122.4-5.1: 
/22A-5.4; 122A-5.6. 

.0602 Fl IGIBILITY 

To receive an MCC the following requirements 
must be met: 

( 1) 1 he purchaser must be a North 
Carolina resident and w ithin 30 da\s of clos- 
ing must occupy the home purchased as a 
principal residence. 

(2) The purchaser must be a first-time 

home bu\er and cannot have had an owner- 
ship interest in a principal residence during 
the threc-)ear period preceding the execution 
of the .MCC, except in certain targeted areas 
where the requirement will not apply. 

(3) 1 he purchaser must buy a home 

located in North Carolina which has an ac- 
quisition cost not exceeding 90 percent of the 
average area purchase price published by the 
Department of I'reasury, except in certain 
targeted areas where 1 10 percent of the a\'er- 
age area purchase price may be allowed. 

(4) The purchaser must not have family 
income exceeding 1 15 percent of the applica- 
ble median famih' income published b\ the 
Department of Housing and I'rban Develop- 
ment, except in certain targeted areas where 
140 percent of the median family income may 
be allowed. 

(5) The purchaser must secure new financing 
and must receive an MCC commitment prior 
to mortgage closing; the purchaser cannot fi- 
nance the home vv ith the proceeds of a quali- 
fied mortgage bond or qualified veterans' 
mortgage bond. 

These requirements are descnbed in greater de- 
tail in the MCC Program Operating .Manual. 



355 



yORTH CAROLI.XA REGISTER 



PROPOSED RULES 



Statutory Authority 
I22A-5.4; 122A-5.6. 



G.S. I22A-5: I22A-5.I: 



.0603 I'l{OCEnLRp:S 

(a) Ihc agency will have overall administrative 
responsibility for the MCC program in North 
Carolina and will delegate part of its administra- 
tive role to participating lenders tlirougli a Len- 
der Participation Agreement. Lender 
responsibilities will include: 

(1) program promotion; 

(2) loan origination and \1(?C application 
origination; 

(3) loan underu'riting; 

(4) submission of the completed MCC 
application to the agency; 

(5) loan closing; and 

(6) record keeping and report filing. 

These requirements are described in greater detail 
in the Lender Participation Agreement and the 
MCC Program Operating Manual. 

(b) Lligible home buyers will apply for Mort- 
gage Credit Certificates in conjunction with a 
standard loan application with a participating 
lender. .MCC processing will generally coincide 
with the lender's regular credit under-writing 
procedures. In addition, the boiTOwer must cer- 
tify that required state and federal regulations will 
be met. These requirements, which are described 
in greater detail in Section 143 of the Internal 
Revenue Code and the MCC Program Operating 
Manual, relate to: 

(1) residency requirements; 

(2) first-time home ownership; 

(3) purchase price liinits; 

(4) borrower income limits; 

(5) loans in targeted areas; and 

(6) certain loan financing requirements. 

(c) The MCC will be revoked if; 

(1) the residence for which the MCC 

was used ceases to be the MCC certificate 
holder's principal residence; or 

(2) the borrower does not meet the 
requirements for a qualified MCC; or 

(3) on the discovery of any material 
misstatement. 

(d) The following reporting requirements will 
be met. 

(1) The agency will make quarterly 

reports to the Internal Re%cnue Service 
(IRS) as well as an annual report on forms 
provided by the IRS. These reports will 
provide information concerning the annual 
volume of .MCCs issued and concerning 
program beneficiaries. 

(2) Lenders will file an annual report 

to the IRS on forms provided by the IRS for 
each MCC - assisted mortgage. 



Statutory Authority G.S. I22A-5; J22A-5./; 
I22A-5.4: 1 22 A- 5. 6. 

.0604 MCC COMMITMLNT 

To reserve an .MCC for a borrower and secure 
a commitment from the agency, the following 
procedure will be followed: 

(1) the lender wiU reserve an MCC by 
calling the agency; 

(2) an MCC submission package, which is 
described in the MCC Program Operating 
Manual, will be delivered to the agency for 
an MCC commitment; 

(3) the agency will process the package 

on a first-comc, first-scr\ed basis. An excep- 
tion to this pohcy will be made only for 
emergency cases in which the agency received 
a written request for priority processing from 
the lender; 

(4) the agency will review the .MCC package 
for acceptability and completeness and, if it 
approves the package, the agency will issue 
an MCC commitment that will be \alid for a 
specified period of time. 

(5) MCC commitments are issued based upon 
the lender's certification that all necessary re- 
quirements have been met. The lender must 
notify the agency of any changes affecting the 
conditions under wliich the commitment was 
issued. 

Statutory Authority G.S. /22A-5; I22A-5.I; 
/22A-5.4; /22A-5.6. 

Notice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Housing Finance 
Agency intends to adopt regulations cited as 24 
NCAC IK .0501 - .0504. 

The proposed effective date of this action is Jan- 
uaiy I. I98S. 

The public hearing will be conducted at 9:00 a.m. 
on September 14, 1987 at Board Room, N.C. 
Housing Finance Agency, 3300 Drake Circle, 
Suite 200. Raleigh, N.C. 27607. 

Comment Procedures: Written comments con- 
cerning these rules must be submitted by Septem- 
ber 14, I9S7 to the APA Coordinator, N.C. 
Housing Finance Agency, P. O. Box 28066, Ra- 
leigh, N.C. 27611. Oral comments may be pre- 
sentcd at the hearing. 

SLBCII.APTI R IK - UNSUUSini/.En ML ITIIAMILY 
MOKICAGE I'l KCllASi: PKOCRAM 

SFCTION .0500 - DISTRESSED PRO.IECTS 

.0501 PLRI'OSE 

The purpose of this Section is to temporarily 
facilitate higher occupancy levels in certain rental 



SORTH CAROU\A REGISTER 



356 



PROPOSED RULES 



housing projects financed b\ the agency that are 
experiencing financial difficulties due to low oc- 
cupancy le\els. The assistance to be provided 
by the agency will be provided by allowing units 
in these projects to be leased on a tcmporar\ 
basis to persons and families with incomes which 
exceed the aucncv's low-and moderate-income 
levels. 



Slalutorv Auihorllv 
l22A-y4. 



G.S. I22A-5: 122A-5.I: 



.05(12 DISIKI SSLl) Rl MAI. IIOLSING PROJECT 
DLI IM U 

A distressed rental housing project ("distressed 
project") means any multilamily residential rental 
project financed by the agency that, as dcter- 
mrned h\ a resolution of the Board of Directors 
of the agencN . has an occupancy lc\ el below that 
for sustaining operation and therefore needs to 
increase its occupancy levels to avoid foreclosure. 



Staiuton' Authoriiy 
1 22 A- 5 A. 



G.S. J22.4-5; J22A-5.J: 



.0503 i)i:ri::RMiN.\Tio\ by bo.ard of 

DIRICTORS 

In making its detennination that a rental hous- 
ing project is a distressed project witliin the me- 
aning of Rule .1)502 of this Subchapter, the 
Board of Directors of the agency shall consider; 

( 1 ) the occupancy rates of the project; 

(2) the market conditions affecting the 
project; 

(3) the costs of operating the project; 

(4) the debt service for the project; 

(5) the management of the project: and 

(6) such other factors the Board of 
Directors may deem to be relevant to the sit- 
uation. 



Slalulory 
1 22 A- i. 4. 



Auihoritv G.S. J22A-5: I22A-5.I: 



.0504 PROCFDLRi: 

(a) The Board of Directors of the agency may 
determine, by resolution, to permit a specified 
number of units, not in excess of ten percent of 



the rental units in any distressed project, as de- 
termined according to the criteria established in 
Rule .0502 of this Subchapter, to be rented to 
persons or families without regard to income 
until the first of the following events occurs; 
f 1) occupancy levels, in the judgement 

of the agency, will sustain operations at a 
level sufficient to prevent delinquency in 
project mortgage payments or mortgage de- 
fault; or 
(2) June 30, 1989. 

(b) In addition to allowing occupancy of rental 
units to persons and families without regard to 
income pursuant to Paragraph (a) of tliis Sub- 
section, the Board of Directors may also deter- 
mine, by resolution, to permit additional rental 
units in the distressed project to be rented to 
persons or families without regard to income, 
subject to the restrictions imposed by Paragraph 
(a) of this Subsection, provided that; 

(1) The units m the distressed project 

that have been available for rent without re- 
gard to income pursuant to Paragraph (a) 
of this Subsection have been available for a 
period of not less than three months; 

(2) Ihe agency determines, by resolution, 
that permitting additional units, in excess of 
ten percent, to be rented without regard to 
income, is necessary' m order for the dis- 
tressed projects to a\oid foreclosure; and 

(3) Ihe total number of housing units at 

the distressed project allowed to be rented 
without regard to income shall not exceed 
15 percent of the total number of units in 
the project. 

(c) Once a distressed project attains sustaining 
occupancy at a le\cl satisfactory to the agency, 
the agency will require the owners to rent only 
to persons and f;unilies of low-and moderate-in- 
come. It will require that the units rented with- 
out regard to income limitations, pursuant to this 
Section, be rented to persons of low-and moder- 
ate-income when the units next become vacant. 



Stalutoij 
/22A-5.4. 



.Uahoritv G.S. I22A-5: I22.A-5.I: 



357 



SORTH CAROUSA REGISTER 



LIST OF RULES AFFECTED 

NOR IH CAROLINA ADMINISTRATIVE CODE 
LIS I OE RULES AEEEC I ED 



EDIT IDS' XII, \0. 5 
AGEXCY 

DEFAR IMEN I OE A(;RICL LTLRE 

2 NCAC 9L .0102 

.1101 

DEPAR I.MENT OE CORRECTION 

5 NCAC 2E .1401-. 1406 

(;0\ ERNOR'S OEEICE 

9 NCAC 2 



EFFECTIVE: August I, 1987 
ACTIOS TAKEN 



Amended 
Amended 



Adopted 



Executi\e Order Number 50 
Eff. June 17, 1987 



DEPART.MEN I OE HIM.AN RESOURCES 



10 



NCAC 



IF 


.0404 


4C 


.0302 


8B 


.0311 




.0610 


8G 


.0705 


lOF 


.0001 




.0029-.0034 




.0041 




.0042 


181 


.0120 


18J 


.0604 


18Q 


.0702 


45G 


.0301 


45H 


.0202-.0205 



DEPARI.MENT OF JUSIICE 

12 NCAC 7D .0110 

11 .0107 



DEPARTMENT OE LABOR 



13 



NCAC 5 



15 



.0101-.0104 
.0201-. 0207 
.0209-. 0212 
.0301-. 0304 
.0401 -.0402 
.0501 -.0506 
.0508-.0531 
.0601-.0617 
.0101-.0107 
.0201-.0206 
.0301 -.0309 
.0401 -.0428 
.0501-.0502 
.0601-.0613 



Adopted 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Amended 

Adopted 

Amended 

Adopted 

Amended 

Amended 

Amended 



Repealed 
Repealed 



Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Repealed 

Adopted 

Adopted 

Adopted 

Adopted 

Adopted 

Adopted 



SORTH CAROLiyA REGISTER 



358 



LIST OF RLLES AFFECTED 



DKPAR IMKM OF NA IT RAL RKSOl RCES AND CO.MML^II Y Di:\ KLOFMENT 



15 



NCAC 2D 



13\ .01 



.0501 
.0508 
.0521 
.0536 

.oioi-.o: 



04 



.0201-.0202 



.0301 -.0303 



.0401 -.0402 



.0501 -.0505 



.0601-. 0604 



UKFARTMKM OF FDL C.VFIO.N 

16 NCAC 6C .0101 

,0401 -.0404 



.■\mcndcd 
Amended 
Amended 
Amended 
Temp. Adopted 
Expires 10-21-87 
Temp. Adopted 
Expires 10-21-87 
Temp. Adopted 
Expires 10-21-87 
Temp. Adopted 
Expires 10-21-87 
Temp. Adopted 
Expires 10-21-87 
Temp. Adopted 
Expires 10-21-87 



Amended 

-Amended 



DKPAR TMENT OF STATE TREASURER 



20 



NCAC 3 



.0102-. 0103 

.0105 

.0112 

.0507 

.0101 



Amended 
Amended 
.Amended 
Repealed 
.-Vmended 



BOARD OF CON IRAC rORS 

21 NCAC 12 .0204 

.0503 



.Amended 
Amended 



BOARD OF l>SVCHOLOC;iSrS 

21 NCAC 54 .2302-. 2304 



.Amended 



CER riFICA FION BOARD FOR SOCIAL W ORK 

21 NCAC 63 .0101-.0105 

.0201-. 0209 
.0301-. 0306 
.0401-. 0403 
.0501-.0502 
.0601 



Adopted 
Adopted 
Adopted 
Adopted 
Adopted 
Adopted 



'^59 



yOKTIi CAROLISA REGISTER 



NCACISDIiX 

I ULK/MA.JOR DIMSIONS OF 11 IK NORl H CAROLINA ADMIMSIRAin E CODE 
TULE DEPARIMEM 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 C'ouncil of State 

7 Cultural Resources, Department 
S Hlections, State Board of 

9 Governor 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 Labor, Department of 

14A Crime Control, Department of 

1 5 Natural Resources and Community Development 

16 l:ducation. Department of 

17 Re\enue, Department of 

18 Secretar>' of State 

19A Transportation, Department of 

20 I'reasurer, Department of State 

*21 Occupational Ijcensing Boards 

22 Administrati\c F'rocedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 Personnel, Department of State 

26 Office of Admuiistrative Hearings 

NOTE: litle 21 contains the chapters of the various occupational licensing boards. 
CHAPIER LICENSING BOARD 

2 Arcliitecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners 

10 Chiropractic Examiners, Board of 

12 Contractors, Licensing Board for 

14 Cosmetic ,Art Examiners, Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners 

20 loresters. Board of Registration for 

21 Geologists. Board of 

22 Hearing Aid Dealers and Litters Board 
26 Landscape .Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Marti;d & I'amily Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midw ifePi Joint Committee 

34 MortuaPi Science, Board of 

36 Nursing. Board of 

37 Nursing Home Admimstrators, Board of 

38 Occupational Therapist, Board of 
40 Opticians, Board of 

42 Optometr\ , Board of I xaminers in 

44 Osteopathic Examination and Registration 

46 Pharmacy, Board of 

^OR TH CA ROLI.\A RlXilS lER 360 



\C AC IS DUX 



48 
50 
52 
53 
54 
56 
58 
60 
62 
63 
64 

66 



Physical Therapy, l-'xainining Committee of 
I'kimbing and Heating Contractors, Board of 
Podiatr\ lixaminers. Board of 
Practicing Counselors. Board of 
Practicing Psychologists, Board of 
Professional Tngineers and Land Surveyors 
Real Hstate Commission 
Refrigeration lixamincrs. Board of 
Sanitarian Hxaminers, Board of 
Social Work, Board of 
Speech and language Pathologists and 
Audiologdsts, Board of l:xaminers of 
Veterinary' Medical Board 



361 



.\()RTf{ CAROI.I.\A RI:GISri:R 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April I9S7 - March I9S8) 



1987- 1988 

Pages Issue 

1-137 April 

138 - 169 May 

170-198 June 

199-285 July 

286-364 August 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

H - lirrata 

liO - Executive Order 

FDL - Final Decision Letters 

FR - Final Rule 

GS - General Statute 

JO - Judicial Order 

LRA - List of Rules Mfected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - I emporary Rule 

AD.MIMSTRATIOX 

Au\iliar\' Scr\ices, 203 PR 

State Employees Combined Campaign, 13 PR, 334 PR 

AGRICLLTLRE 

Food and Druu Protection, 204 PR 
Markets. 206 p1^ 
N. C. State Fair, 205 PR 
Pesticide Board, 13 PR 
Standards Division, 206 PR 
Structural Pest Control, 205 PR 
Veterinary, 209 PR 

COMMERCE 

Departmental Rules, 14 PR, 143 PR 
Credit Lmon Division, 334 PR 
Savings & Loan Division, 147 PR 

COMMIAH V COLLEGES 

Community Colleges, 270 PR 



NORTH CAROLINA REGISTER 362 



CUMULA TIVE INDEX 



C()RRK( HON 

Division of I'nsons, 105 I-R, 100 1-R, 273 I-R 
Parole Commission, 106 I'R 

CRI.Mi: COM ROL AM) PLHLK SAFKI Y 

State Highway Patrol, 159 PR 
Vietim and Justiee Serviees, 342 I'R 



KXECl in K ORDKRS 

Iixecuti\c Orders 



34 - 


42, 


1 


liO 


43 - 


46, 


13S 


EO 


47 - 


49, 


171 


EO 




50, 


1Q9 


EO 


51 - 


53, 


288 


EO 



FINAL DECISION LEriERS 

Voting Rights Act, 10 EDE. 141 EDE. 200 EDE, 291 EDE 

GENERAL STATl IKS 

Chapter 143B, 286 GS 

HUMAN RKSOCRCES 

AEDC, 156 PR 

Eacility Services, 174 PR, 211 PR 
I'amiiv Services, 152 PR 
Health Services, 237 PR 
Individual and Eamilv Support. 153 PR 
Medical Assistance, l'74 PR, 248 PR, 339 PR 
Medical Services, 149 I'R 
Mental Health Retardation 
and Substance Abuse, 15 PR, 247 PR, 337 PR 
Notice, 170 C 

INDEPENDENT AGENCIES 

Housing Imance, 355 PR 

INSLRANCE 

Eifc Accident & Health Division, 17 PR 

JESnCE 

I'ducation and Trainine Standards, 19 PR 
N.C. Alarm Systems, 341 PR 
I'rivate Protective Services, 249 PR 

LICENSING BOARD 

CPA, 269 PR, 351 PR 

Chiropractic P'xaminers, 178 PR 
Medical lixaminers, 95 PR 
Nursinij Home Administrators, 182 PR 
Real I-state, 352 PR 

LIS I OF Rl LES AFFECTED 

\'olume 12, No. 1 
(Apnl 1, 1987), 131 ERA 
Volume 12, No. 2 
(.May 1, 1987), 163 ERA 
Volume 12, No. 3 
(June 1, 1987), 193 ERA 



563 .\0R IH CA R OLl.\A REGIS TER 



CUMVLA TIVE INDEX 



Volume 12, No. 4 
(July 1, 1987), 277 LRA 
Volume 12, No. 5 
(August 1, 1987), 358 LRA 

NA ILRAL RESOl RCKS AND COMMLTsU Y DEVELOPMENT 

Coastal .XLinagement, 94 PR, 160 PR, 259 I»R, 347 PR 

Economic Opportunity, 161 PR 

Environmental Manaucment, 29 PR, 249 PR, 346 PR 

Marine I-isheries, 84 PR, 255 PR 

Wildlife Resources, 175 PR, 268 PR 

PUBLIC EDUCATION 

Elementary and Secondary, 348 PR 

RE\ENUE 

Individual Income Tax, 107 VR 
Motor Fuels Tax, 108 FR 

STA IE PERSONNEL 

Employee Benefits, 183 PR 

State Personnel Commission, 96 PR 

SI.AI E TREASURER 

Departmental Rules, 161 PR 
Educational I'aeilities, 349 PR 
Investment Progiam, 177 PR 

STATEMENTS OE 0R(;ANIZA HON 

Statements of Organization, 295 SO 

IRANSPORIATION 

Motor Veliicles, 109 FR 



.\ORTH CAROLINA REGISTER 364 



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